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2010 Supreme(Mad) 3488

R.BANUMATHI, G.M.AKBAR ALI
The State of Tamil Nadu, rep. by its Secretary to Government, Home (Cinemas) Department – Appellant
Versus
Bhurah Sheriff – Respondent


Advocates Appeared:
For the Petitioner: M. Dhanadapani, Sepcial Government Pleader (W).
For the Respondent:A.V. Radhakrishnan, Advocate.

Judgment :-

1. These Writ Appeals arise out of the Common Order in W.P. No. 10048/1999, etc. batch, whereby the learned Single Judge struck down the provision viz., Rule 91-B of Tamil Nadu Cinemas (Regulation) Rules, 1955 introduced through G.O.Ms. No. 678, Home (Cinemas-II) Department, dated 18.05.1999.

2. Brief facts are that Writ Petitioners have obtained contracts from the respective Cinemas Theatres to establish canteens as well as maintaining the parking lots in Cinema Theatres. For getting the said contract, they have paid lumpsum amount to the licensee of the Theatre and they have been also paying the specified amount of monthly basis for running the canteens and maintaining the parking lots. Apart from paying the licensee fee for the Theatre, the Writ Petitioners are required to spend huge amount to engage men for the purpose of maintaining the parking area. According to the Writ Petitioners, they are collecting the fee from the vehicles which are parked in the Theatre for the services rendered by them and also they are taking care of the said vehicles and seeing that the vehicles are taken out of the Theatre after the show is over by the respective owners. Writ Petitioners










































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