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2013 Supreme(Mad) 3716

T.RAJA
Balaji Theatre Rep. by its Managing Partner, R. Perumal – Appellant
Versus
Union territory of Puducherry, Represented by Secretary to Government – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:D. Ravichander, Advocate.
For the Respondents:R1, R3 & R4, Mrs. N. Mala, Advocate for R2, A.S. Chakravarthy, SCGSC, for R5, No Appearance.

Judgment :

1. This writ petition has been filed by the petitioner/R.Perumal, Managing Director of Balaji Theatre, Puducherry, seeking issuance of a Writ of Mandamus, directing the 3rd respondent/District Magistrate cum Licensing Authority, Government of Puducherry, to issue Form-C licence to the petitioner under the Pondicherry Cinemas Regulation Act, without insisting the petitioner to procure films only from the 2nd respondent/Flim Division, Ministry of Information and Broadcasting, Government of India, Chennai, alone.

2. Learned counsel for the petitioner would submit that the petitioner is running one of the oldest theatre in the name and style of “Balaji Theatre” in the Union Territory of Pondicherry and the said theatre is governed by the provisions of the Pondicherry Cinemas (Regulation) Act, 1964 and the rules made thereunder. The District Collector is the licencing authority under the Act. For running the thereafter, the petitioner has to approach the licencing authority seeking permission for exhibiting films. The 3rd respondent has been issuing direction under Section 8 of the Pondicherry Cinemas (Regulation) Act, 1964. As per Section 8 of the Act, “the licencing autho


















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