M/S. RAKCINI THEATRE vs THE DIRECTOR GENERAL OF POLI

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(MAD) 22585

IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 25.09.2023 Pronounced on : 13.10.2023 CORAM: JUSTICE N.SESHASAYEE WP.Nos.24732, 24733, 24735, 24736, 24737, 24739, 24948, 24950 & 24954 of 2023 and WMP.Nos.24169, 24170, 24171, 24172, 24174, 24175, 24176, 24177, 24178, 24179, 24180, 24181, 24382, 24384
1.M/s.Rakcini Theater ...Petitioner in W.P.No.24732 of 2023 ...Petitioner in W.P.No.24950 of 2023
2.M/s.Randhini Theater ...Petitioner in cW.P.No.24733 of 2023 3.M/s.Rohini Theater ...Petitioner in W.P.No.24735 of 2023 ...Petitioner in W.P.No.24948 of 2023
4. M/s.Rupini Theater ...Petitioner in W.P.No.24736 of 2023 5.M/s.Rukmini Theater ...Petitioner in W.P.No.24737 of 2023 6.M/s.Rahini Theater ...Petitioner in W.P.No.24739 of 2023 ...Petitioner in W.P.No.24954 of 2023 All at :
Unit of Rohini Movie Park Represented by its Partner R.Panneerselvam No.141/2, E.V.R.High Road Koyambedu, Chennai - 600 107.
Vs
1.The Director General of Police Dr.Radhakrishnan Salai, Krishnapuram Mylapore, Chennai - 600 004.
2.The Commissioner of Police /
Licensing Authority Greater Chennai Police
132, Commissioner Office Building EVK Sampath Road, Vepery Chennai - 600 007. ... Respondents 1 & 2 in all WPs Prayer in W.P.Nos.24732, 24733, 24735, 24736, 24737, 24739 of 2023: Writ Petitions filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned orders vide Rc.No.E4(2)/11(17)/2296/2023, Rc.No.E4(2)/11(16)/2296/2023, Rc.No.E4(2)/11(18)/2296/2023, Rc.No.E4(2)/11(14)/2296/2023, Rc.No.E4(2)/11(15)/2296/2023, Rc.No.E4(2)/11/2296/2023, dated 31.03.2023, issued by the second respondent and quash the same and refund Rs.2,000/- (Rupees Two Thousand Only) payable to the petitioner herein.
Prayer in W.P.Nos.24948, 24950 & 24954 of 2023 : Writ Petitions filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned orders vide Rc.No.E4(2)/111/20497/2023, Rc.No.E4(2)/111(5)/20497/2023, dated 10.06.2023, issued by the second respondent and quash the same and refund Rs.4,000/- (Rupees Four Thousand Only) payable to the petitioner herein.
For Petitioner : Mr.T.M.Hariharan (in allWPs) for Mr.K.M.Mrithun Jayan For Respondents : Mr.Hasan Mohamed Jinnah (in all WPs) State Public Prosecutor Assisted by Mr.S.Santhosh Government Advocate (Crl. Side) &
Ms.J.R.Archana for R1 Mr.R.Muniyapparaj Assistant Public Prosecutor &
Mr.Muthuvel, Govt Advocate (Crl. Side) for R2

COMMON ORDER

The Challenge in this batch of writ petitions is to the proceedings of the second respondent imposing fine on six cinema theaters of a multiplex for screening movies in breach of Clause 14 of the conditions stipulated in the 'C'

Form licence granted for exhibition of movies. The details are as below:

Sl. No.	Name of the theater	Writ Petition No.	Date of extra show and timing	Date of proceeding imposing penalty by R2	Fine amount (in Rs.)
1	Rakcini	24732 of 2023	On 11.01.2023 "Thunivu" at 1.00 a.m & "Varisu" at 4.00 a.m.	Rc.No.E4(2)/11 (17)/2296/2023 dt.31.03.2023	2,000/-
		24950 of 2023	On 30.03.2023 "Pathu Thala" at 8.00 a.m.	Rc.No.E4(2)/111 (5)/20497/2023 dt.10.06.2023	4,000/-

Sl. No.	Name of the theater	Writ Petition No.	Date of extra show and timing	Date of proceeding imposing penalty by R2	Fine amount (in Rs.)

2	Randhini	24733 of 2023	On 11.01.2023 "Thunivu" at 1.00 a.m & "Varisu" at 4.00 a.m.	Rc.No.E4(2)/11 (16)/2296/2023 dt.31.03.2023	2,000/-
3	Rohini	24735 of 2023	On 11.01.2023 "Thunivu" at 1.00 a.m & "Varisu" at 4.00 a.m.	Rc.No.E4(2)/11 (18)/2296/2023 dt.31.03.2023	2,000/-
		24948 of 2023	On 30.03.2023 "Pathu Thala" at 8.00 a.m.	Rc.No.E4(2)/111 /20497/2023 dt.10.06.2023	4,000/-
4	Rupini	24736 of 2023	On 11.01.2023 "Thunivu" at 1.00 a.m & "Varisu" at 4.00 a.m.	Rc.No.E4(2)/11 (14)/2296/2023 dt.31.03.2023	2,000/-
5	Rukmini	24737 of 2023	On 11.01.2023 "Thunivu" at 1.00 a.m & "Varisu" at 4.00 a.m.	Rc.No.E4(2)/11 (15)/2296/2023 dt.31.03.2023	2,000/-
6	Rahini	24739 of 2023	On 11.01.2023 "Thunivu" at 1.00 a.m & "Varisu" at 4.00 a.m.	Rc.No.E4(2)/11 /2296/2023 dt.31.03.2023	2,000/-
		24954 of 2023	On 30.03.2023 "Pathu Thala" at 8.00 a.m.	Rc.No.E4(2)/111 (3)/20497/2023 dt.10.06.2023	4,000/-

1.2 All these proceedings are challenged that there can be no condition on the timing of the shows, since under Sec.2(6) of the Tamil Nadu Shops and Establishment Act 1947, a theater is included in the definition of an establishment, and the government, vide G.O. (Ms) No.61, Labour Welfare and Skill Development (K2), dated 02.06.2022, issued by it in exercise of its power under Sec. 6 of the said Act, has done away with the time for opening and closing an establishment. To state it differently, inasmuch as the definition of an establishment includes a cinema theater, and since under the G.O.61, an establishment can operate 24 x 7, these theaters, as establishments falling within the definition of Sec.2(6) of the Act, has the right to exhibit movies unrestricted by time, and is not bound by clause 14 of the conditions attached to C-Form licence.

1.3 It is now about the tenability of the petitioners' contention Vs the justifiability of the impugned notices. In order to appreciate the contentions of the petitioners, it may be necessary to introduce the scheme of Tamil Nadu Cinema (Regulations) Act, 1955, to the extent the factual context of this case require:

Under Sec. 8 of the Tamil Nadu Cinema Regulations Act, 1955 the ●

owner of a theater will be liable for penalty, if he/she breaches any of the provisions of the Act. Under Section 10 of the Act, the Government is empowered to make rules governing different aspects of the Act, and contextually Section 10(2)(b) is relevant by which the Government is empowered to make rules to regulate a cinematography exhibition for securing the public safety.

In terms of the same, Rules are framed, of which Rule 107 and 108 and ●

Form 'C' are relevant. Under Rule 107, an owner of a theater is required to apply for a licence, and under Rule 108, the licence is issued. Turning to 'C' Form licence, it is issued in a statutorily prescribed form, and it is loaded with multiple conditions. In the context of the case, Conditions 14 and 14A are relevant. Under condition 14A, a theater shall not conduct more than 4 shows a day within the t

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