ORDER

1. The question of granting exemption to touring cinema within the purview of sub-rule (2) of Rule 14 of the Tamil Nadu Cinemas (Regulations)

Rules, 1957 is in issue in this appeal.

2. The appellant owns and operates a touring talkies by the name of Sri Karthikeya Touring Talkies. The State of Tamil Nadu has enacted the Tamil Nadu Cinemas (Regulation) Act, 1955 with the object of regulating exhibition by means of cinematographs in the State of Tamil Nadu. Section

10 of the Act empowers the Government to make rules to carry out the h purposes of the Act.

3. Section 11 of the Act reads as under."11. Power to exempt.-The Government may, by order in writing exempt, subject to such conditions and restrictions as they may impose any cinematograph exhibitions or class of cinematograph exhibitions or any place where a cinematograph exhibition is given from any of the provisions of this Act or of any rules made thereunder."

4. In exercise of the power conferred by the Act. the State of Tamil Nadu has framed the Tamil Nadu Cinemas (Regulation) Rules, 1957. Rule 14 thereof reads as under.

"14. (I) There shall be no restriction to the grant of licences to permanent and touring cinemas on