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2013 Supreme(Mad) 3251
High Court of Judicature at Madras
N. PAUL VASANTHAKUMAR & M.M. SUNDRESH, JJ.
The State of Tamil Nadu, rep. by Secretary to Government, Madras
Versus
P. Perumal & Others
W.A. No. 21 & 22 of 2002 & W.A. M.P .Nos. 28 & 29 of 2002
Decided On : 13-09-2013
For the Appellants: P.S. Sivashanmugasundaram, Special Government Pleader.
For the Respondents:R1, R3, R6, R. Muthukumaraswamy, Senior Counsel for A. Jenasenan, R9, Kumaresh Babu, Advocates.
The State has an obligation to protect public welfare, and in matters of public interest, the Court should lean towards public welfare over individual interests.
Headnote:
Engineers - Empowerment to issue Structural Soundness Certificates for Cinema Houses - Tamil Nadu Public Buildings (Licensing) Act, 1965, Tamil Nadu Cinemas (Regulation) Act, 1955 - Section 2(8), Rule 3(c), Rule 3(e), Rule 3(h)
Fact of the Case:
The State of Tamil Nadu issued an order withdrawing the empowerment of private Engineers to issue Structural Soundness Certificates for Cinema Houses, leading to writ petitions filed by the affected Engineers. The Government's decision was based on public safety concerns and the misuse of empowerment by some Engineers.
Finding of the Court:
The Court found that Cinema Houses are governed separately under the Tamil Nadu Cinemas (Regulation) Act, 1955, and the exclusion of Cinema Houses from the definition of 'public buildings' under the Tamil Nadu Public Buildings (Licensing) Act, 1965 was deliberate. The Court upheld the Government's decision as a policy matter promoting public safety.
Issues: The main issue was whether the Government was justified in withdrawing the empowerment of private Engineers to issue Structural Soundness Certificates for Cinema Houses.
Ratio Decidendi: The Court held that the exclusion of Cinema Houses from the definition of 'public buildings' and the separate regulation under the Tamil Nadu Cinemas (Regulation) Act, 1955 indicated a deliberate legislative intent. The Court emphasized the State's obligation to protect public welfare and upheld the Government's policy decision based on public safety concerns.
Final Decision: The writ appeals were allowed, the order of the single Judge was set aside, and the writ petitions were dismissed.
N. Paul Vasanthakumar, J.
1. These writ appeals are preferred by the State of Tamil Nadu against the order of the learned single Judge allowing the writ petitions filed to quash the G.O.Ms.No.44 Home (Cinemas-A) Department, dated 7.1.1991, wherein the respondents who were earlier authorised to issue Structural Soundness Certificates for Cinema Houses, was withdrawn by authorising the Executive Engineer, PWD, to issue such certificates.
2. The case of the respondents herein before the learned single Judge was as follows:
(a) The respondents herein/writ petitioners are Engineering Graduates, whose names were included in the panel of Engineers, approved by the Board of Engineers, maintained by the District Collectors, under the provisions of the Tamil Nadu Public Buildings (Licensing) Rules, 1966. They were empowered to issue Structural Soundness Certificates to public buildings, which are coming within the definition of the "public buildings" under the said Rules.
(b) The Cinema Theatres are not included in the said definition, as the Cinema Theatres are governed under the provisions of the Tamil Nadu Cinemas (Regulation) Act, 1955 and the Tamil Nadu Cinemas (Regulation) Rules, 1957.
(c) According to the respondents herein, due to dearth of Engineers in Public Works Department in the State, the Cinema Theatre Owners faced serious difficulties in getting Structural Soundness Certificate to Cinema Houses and the Tamil Nadu Exhibitors Association submitted representations to the Government seeking amendment of the Rules empowering the Engineers included in the panel of Engineers, maintained by the District Collectors under the Tamil Nadu Public Buildings (Licensing) Rules, 1966 to issue Structural Soundness Certificate for Cinema Houses under the Tamil Nadu Cinemas (Regulation) Rules, 1957, also.
(d) The Government considered the said request and issued G.O.Ms.No.2575 Home Department, dated 16.5.1985 and amended the Rules to the effect that any Engineer included in the panel of Engineers, approved by the Board of Engineers and maintained by the District Collectors can also issue Structural Soundness Certificate under the Tamil Nadu Cinemas (Regulation) Rules, 1957. In view of the said amendment the persons like respondents were empowered to inspect and issue Structural Soundness Certificates to Cinema Houses also.
(e) It is the case of the respondents that there was no complaint against any person, who issued certificates, whose names are also found in the panel. By G.O.Ms.No.44 Home Department dated 7.1.1991, amendment was issued to the Tamil Nadu Cinemas (Regulation) Rules, 1957, deleting the provisions, which empowered the Engineers including the panel Engineers, maintained by the District Collectors, to issue Structural Soundness Certificates to Cinema Houses.
(f) Alleging that the said amendment seriously affected their avocation, the respondents have filed the above writ petitions with the above said prayer contending that the definition of "public buildings" defined in the Tamil Nadu Public Buildings (Licensing) Act, 1965, is an inclusive definition and excluding Cinema Theatres, which are also public buildings is not justified, the term "engineers" having been defined under the said Act, to mean a person possessing such Engineering qualification as may be prescribed and the District Collectors with the concurrence of the Superintending Engineer, PWD, having prepared the panel empowering to issue Structural Soundness Certificate to any public building, the amendment issued through the impugned Government Order is unreasonable, as it causes hardship to the Theatre owners and the amendment power was exercised in an arbitrary manner by the Government.
3. The said contention raised before the learned single Judge was opposed by the Government by contending that the Tamil Nadu Cinemas (Regulation) Act, 1955, and the Tamil Nadu Cinemas (Regulation) Rules, 1957 are the provisions under which the Government issue li
