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2021 Supreme(Online)(MAD) 40158

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01-10-2021 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.21291 of 2016 And WMP No.25246 of 2018 G.Devarajan .. Petitioner vs.

1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai – 9.

2.The Principal Secretary, Food, Civil Supplies, Consumer Protection and Price Control, Government of Tamil Nadu, Secretariat, Chennai – 9.

3.The Police Commissioner, Police Commissioner Office, Vepery, Chennai – 7.

4.The Commissioner, Food, Civil Supplies, Consumer Protection and Price Control, Protection Department, “Ezhilagam” IV Floor, Chepauk, Chennai – 5.

5.The Joint Commissioner, Department of Legal Metrology, Labour Welfare Building, 6th Floor, D.M.S. Complex, Teynampet, Chennai – 6.

6.The Manager, Hindustan Coca Cola Beverages Pvt Ltd., East India Chamber, No.7, Valluvar Kottam High Road, Nungambakkam, Chennai – 34.

7.The Manager (Corporate Office), S2 Cinemas, 25 Whites Road, Mamatha Complex, 5th Floor, Royapettah, Chennai – 600 014.

8.The Manager, S2 Cinemas, 2nd Floor, Spectrum Mail, Paper Mills Road, Perambur, Chennai – 600 011. .. Respondents 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.

For Petitioner : Mr.G.Devarajan (Party-in-Person)

For Respondents-1 to 5 : Mr.C.Kathiravan, Government Advocate.

For Respondents-7 and 8 : Mr.Satish Parasaran, Senior Counsel assisted by Mr.Cyril Amarchand Mangaldas.

For Respondent-6 : No Appearance

O R D E R

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 petitioner states that the Company is also involved in huge sums of fraud and therefore, actions are to be initiated.

6. The petitioner states that Hindustan Coca Cola Company along with S2 Cinema Theatre Corporate Company had been involved in these issues and they have jointly committed fraud and thus, stringent action is to be taken. In support of his contention, the petitioner has enclosed the receipts, copy of the representations sent by him to the Competent Authorities for initiation of action.

7. The learned Senior Counsel, appearing on behalf of respondents 7 and 8 - S2 Cinema Theatres, objected the contentions raised by the petitioner-in-person and has clarified that prior to the year 2017, dual MRP fixation was permitted considering the nature of place of selling and therefore, there was no irregularity or illegality. Even in case where such irr

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