SHIVARAJ PATIL, J:

1. Heard the learned senior counsel for the appellant and the learned Additional Government Pleader representing respondents 2 to 4.

2. The fourth respondent in Writ Petition No.15915 of 1997 is the appellant before us, challenging the order dated 29.6.1998 passed by the learned single Judge in the said writ petition. Writ Petition No.15915 of 1997 aforementioned was filed by the respondent No.1, herein, which was filed for issue of a writ of certiorari calling for the records of the Secretary to Government, (Home Cinema-II) Department in G.O.No. (ID) 666, dated 24.6.1997. The respondent No.1, herein was the licensee of Sri Lala Talkies, Vadipatti,Madurai District. The said theatre originally belonged to late Pon.Perumalsamy Naidu. On his death, it devolved on his three sons viz., Perumal, Pon.Subbiah and Thirumalaisamy Naidu. Perumal is the eldest son among the three brothers, There was division of properties among the brothers. However, the said cinema theatre was kept in common and in other words, it was not the subject matter of partition between the three brothers. The controversy now raised is one whether the licence for the said cinema theatre cou