IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
G. Devarajan – Appellant
Versus
The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai & Others – Respondents
WP No. 21291 of 2016 & WMP No. 25246 of 2018
Decided on : 01-10-2021
Constitution of India - Article 226 - Criminal Procedure Code, 1973 - Legal Metrology (Packaged Commodities) (Amendment) Rules, 2017, - Rule 18 (2A) - Central Excise Act, 1944 - Section 4-A - Legal Metrology (Packaged Commodities) Rules, 2011 - Rule 6 - Charging exorbitant money - Over actual price fixed by the Government - Petition filed praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to stop Company along with S2 Cinema Theatre from fixing high price to their products than actual fixed market price - Whether petition is maintainable - Held, Department officials are duty bound to conduct periodical and surprise inspections in all the Cinema theatres across the State of Tamil Nadu - This being the statutory duties conferred on the authorities, lapses, negligence or dereliction of duty on the part of the competent authorities must be viewed seriously - Authorities in such circumstances on information, must conduct surprise inspections, so as to find out the truth regarding the complaints and for initiation of appropriate action - Petition allowed
JUDGMENT :
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to stop Hindustan Coca Cola Company along with S2 Cinema Theatre Corporate Company (respondents 6 to 8) from fixing high price to their products than actual fixed market price and selling the same in Cinema Theatres in Chennai and Tamil Nadu (including S2 Cinema Corporate Company) at an excessive additional price by swindling people's money and the same should be forfeited by the Government and to be sent to the Treasury and registering cases against the sixth, seventh and eighth respondents in accordance with Criminal Procedure Code.)
The relief sought for in the present writ petition is to direct the respondents 1 to 5 to stop Hindustan Coca Cola Company along with S2 Cinema Theatre Corporate Company (respondents 6 to 8) from fixing high price to their products than actual fixed market price and selling the same in Cinema Theatres in Chennai and Tamil Nadu (including S2 Cinema Corporate Company) at an excessive additional price by swindling people's money and the same should be forfeited by the Government and to be sent to the Treasury and registering cases against the sixth, seventh and eighth respondents in accordance with Criminal Procedure Code.
2. The petitioner states that on 14.04.2016 at about 06.30 p.m., he went to see 'Theri' film along with his family in S2 Cinema Theatre at Perambur. Several Cinema Theatres in Chennai (including S2 Cinema Corporate Company) and in Tamil Nadu have not let the audience to bring snacks, potable drinks and even drinking water inside their premises. Therefore, the audiences are forced to buy snacks, beverages and drinking water from the Food Stalls located inside the premises of Theatres in Chennai (S2 Cinema Corporate Company) and Tamil Nadu.
3. During intermission time, the petitioner went to Food Stall situated within S2 Cinema Theatre, as the Theatre Management (Respondents 7 and 8) not allowed the petitioner to bring his own home made snacks and drinking water. Therefore, the petitioner purchased 'Kinley' 500 ml water bottle manufactured by Hindustan Coca Cola Company for Rs.30/- and 'Maaza Mango' 400 ml cool drink bottle for Rs.65/-, as he felt that the prices are much higher than the open market. Therefore, he asked about the price to the S2 Cinema Theatre Management and they refused to reply the petitioner.
4. The petitioner called the Hindustan Coca Cola Company Customer Care Number and ascertained the market price of 'Kinley' 500 ml water bottle and the 'Maaza Mango' 400 ml cool drink. However, they replied that they do not have the price list of the same. After making telephone calls to various Online Companies and visited several Companies in Chennai to cross check the actual price, the petitioner understood that the S2 Cinema Theatre and the Hindustan Coca Cola Company are jointly swindling huge sums of money from the general public by charging exorbitant money over actual price fixed by the Government, while selling the products.
| As on 14.04.2016 | |||
| Product | Market Price | S2 Cinema Theatre Price |
|
| 'Kinley' 500 ml Water Bottle | Rs.10/- | Rs.30/- |
|
| 'Maaza Mango' 400 ml Bottle | Rs.25/- | Rs.65/- |
|
| As on 28.05.2016 |
| ||
| 'Kinley' 500 ml Water Bottle | Rs.10/- | Rs.40/- |
|
5. The petitioner states that he understood that the market price for the said products were much lower than the price charged by the respondent-Cinema Theatre. It is contended that the act of selling the same product in two different prices at two different places that too by printing prices over the bottle made it clear that the said Hindustan Coca Cola Company along with S2 Cinema Theatre Corporate Company had swindled huge sums of money from the general public by marketing and selling the consumer products. The petitio
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