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2012 Supreme(Mad) 2706
High Court of Judicature at Madras
R. SUDHAKAR, J.
The New Theatres Carnatic Talkies (P) Ltd, Rep By its Director, Coimbatore
Versus
The State of Tamil Nadu, Secretary to Government, Home (Cinema.I) Department, Chennai & Others
W.P.Nos.13851 & 13852 of 2010
Decided On : 29-06-2012
For the Petitioner:A.L. Somayaji Sr. Counsel for Ms. Narmadha Sampath, Advocate.
For the Respondents: Ms. V.M. Velumani, Spl Govt Pleader.
The central legal point established in the judgment is the power of the Government to grant exemptions and revise rates for cinema theatres based on the amenities provided, and the need to consider each case on its merits.
Headnote:
Cinema Theatre - Revision of Admission Rates - G.O.(D)No.448, dated 28.4.2010 & G.O.(D)No.436, dated 26.4.2010 - G.O(D)No.1265, dated 31.12.2006 - The court considered the provisions of the Tamil Nadu Cinema Regulation Act and the G.O.Ms.No.1265, dated 31.12.2006, which prescribed conditions for revision of admission rates for cinema theatres. The court emphasized the power of the Government to grant exemptions and revise rates based on the amenities provided by the theatre, and the need to consider each case on its merits. The court found the rejection of exemption for the petitioner's theatre to be arbitrary and discriminatory, setting aside the Government Order and remitting the matter back for reconsideration.
Fact of the Case:
The petitioner, a cinema theatre, sought revision of admission rates based on G.O.Ms.No.1265, dated 31.12.2006, which prescribed conditions for revision of rates. The request was rejected by the licensing authority and the Government, leading to the filing of writ petitions.
Finding of the Court:
The court found the rejection of the petitioner's exemption application to be arbitrary and discriminatory, setting aside the Government Order and remitting the matter back for reconsideration. The rejection of the revision petition was upheld, and the writ petition challenging another Government Order was dismissed.
Issues: The main issues revolved around the rejection of the petitioner's request for exemption from the conditions prescribed in G.O.Ms.No.1265, dated 31.12.2006, and the rejection of the revision petition for admission rate increase.
Ratio Decidendi: The court emphasized the power of the Government to grant exemptions and revise rates based on the amenities provided by the theatre, and the need to consider each case on its merits. The rejection of the petitioner's exemption application was found to be arbitrary and discriminatory.
Final Decision: The Government Order refusing to grant exemption was set aside, and the matter was remitted back to the Government for reconsideration. The rejection of the revision petition was upheld, and the writ petition challenging another Government Order was dismissed. The Government was directed to hear and pass a final order on the exemption application expeditiously.
1. These writ petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records to quash the proceedings GO (D) No. 448, dated 28.4.2010 & G.O.(D)No.436, dated 26.4.2010 on the file of the first respondent and further direct the first respondent to revise the admission rate as requested in the revision petition dated 5.12.2008. W.P.No.13851 of 2010 has been filed challenging the G.O.(D) No. 448 dated 29/4/2010 whereby the application seeking exemption from condition No.1 prescribed in G.O(D)No.1265, dated 31.12.2006 has been rejected. In this Writ Petition G.O.No.436 dated 26.04.2010 has also been challenged.
2. W.P.No.13852 of 2010 has been filed challenging the G.O.No. 448, dated 28.4.2010 whereby the request to increase the rates of admission has been rejected and to direct the first respondent to revise the admission rate as requested in the revision petition.
3. The petitioners in both writ petition are one and the same. Petitioner is a cinema theatre by name and style New Theatres Carnatic, Talkies Private Limited established more than 75 years ago in the heart of Coimbatore City. It has the seating capacity of 973 seats. The theatre has been upgraded and additional facilities and equipments have been provided conforming to world class standard as mentioned in G.O.Ms.No.1265 Home (Cinema) Department dated 31.12.2006. Thereupon, the petitioner sought for revision of the rates by letter dated 12.2.2008 relying upon the G.O.Ms.No.1265 Home (Cinema) Department dated 31.12.2006. This was rejected by the licensing authority/ District Collector on 26.2.2008 stating that the request of the petitioner cannot be considered as the theatre does not have two Air conditioned screen, which is one of the conditions specified in G.O.Ms.No.1265 Home (Cinema) Department dated 31.12.2006. Challenging the same, a revision was filed before the Additional Commissioner (Cinema and Irrigation)I and Administration Department, Chennai.5, who by an order dated 11.11.2008, rejected the request of the petitioner only on the ground that the theatre did not have more than one air conditioned screen. Against which, a revision was filed to the first respondent/ Government in terms of Rule 83 1A(a) of the Act. The first respondent called for remarks from the District Collector. A detailed remark was submitted by the District Collector in D.O.Ref.No.25821 of 2008, dated 8.9.2009, the details of the same will be considered later. Thereupon, the first respondent rejected the revision only on the ground that the requirement of G.O. has not been complied with by providing two Air Conditioned Screen and the tariff revision indicated in the above said G.O. is applicable only for multiplexes i.e. theatres having more than one screen. The request was therefore rejected. Challenging the same, the present writ petitions have been filed. Before the order under revision could be passed by the Government , an independent request was made to the licensing authority and a representation was also given on 21.11.2008 seeking exemption in respect of condition No.1 prescribed in G.O.Ms.No.1265 Home (Cinema) Department dated 31.12.2006 on the ground that the Government has been taking a lenient view insofar as the revision of rates is concerned on case to case basis. Government has granted exemption in favour of one Maharaja Theme Parks and Resorts relaxing the condition contained in G.O.Ms.No.1265 Home (Cinema) dated 31.12.2006. A specific G.O. Ms.No.242 Home (Cinema) dated 13.2.2008 was issued by the very same authority of the Government granting exemption from one of the conditions (i.e.) relating to number of seats and the revision of rates was granted. Reliance is placed on paragraph 5 of the said G.O., which reads as follows:-
"The Government have examined the request of the Managing Director, Maharaja theme Park and Resorts in detail in the light of remarks of the licensing authority and the
