The petitioner is a proprietor of Shri Gopalakrishna Theatre, which is functioning from the year 1974 at No.93, Trunk Road, Porur, Chennai-16 continuously catering the entertainment need of Porur and nearby vicinity. As the cinema theatre is a family business, a decision was made to make alteration by splitting the existing theatre into two screens. Therefore, an application under Form-A was made by the petitioner on 06.04.2016 along with the copy of the existing theatre plans and other documents. The District Collector, the first respondent herein has also forwarded the same to the Commissioner of Police, Greater Chennai, the second respondent on 18.04.2016 with a request to consider issuing No Objection Certificate after completing the inspection.
2. It is also the claim of the petitioner that the first respondent in his proceedings, dated 02.04.2016 have issued the renewal license upto 28.02.2017 on verification of the electrical certificate, structural soundness certificate, fire insurance certificate and film division certificate. Moreover, the Public Works Department also had issued NOC for the proposal of conversion of the theatre in to two screens vide letter, dated 28.06.2016. But the only problem faced by the petitioner is the undue delay on the part of the second respondent to issue NOC, which has caused further delay on the part of the first respondent to issue permission to the petitioner.
3. Taking support from Rule 35(3) of the Tamil Nadu Cinemas Regulation Rules, 1957, it is contended that if the copy of the application is sent to the Deputy Commissioner of of Police, Traffic and Licensing, Madras, or the District Superintendent of Police in the mufassal, who shall remit it, within one month from the applicant to the licensing authority with objections, if any from the date of receipt of application from the traffic point of view. Thereafter, as per Rule 36(1), after considering the application with reference to the matters specified under Section 5(1) of the Act and the objections of the local authority or the police, the licensing authority shall grant a No Objection Certificate in Form 'B' or may refuse to grant it, within six months from the date of receipt of the application from the applicant. A copy of the order shall be communicated to the applicant and to the persons, if any, who have filed objections before the licensing authority. If no order is passed by the licensing authority within a period of six months, it shall be deemed that the applicant has been granted a No Objection Certificate.
4. In the present case, when the District Collector in his letter, dated 06.04.2016 has communicated to all the authorities, the second respondent cannot sit over the matter beyond the period of six months, resulting huge financial loss to the petitioner, as he has invested several crores to update the sophisticated facilities to the cinema goers. On this basis, the learned Senior counsel appearing for the petitioner has prayed to allow the writ petition on the basis of Ru;e 36(1) of the Tamil Nadu Cinemas Regulation Rules, 1957.
5. Per contra, Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents would submit that although a forwarding letter sent by the District Collector to all other authorities are properly responded, the Local Authority, namely, the Assistant Revenue Officer (Zone-XI), Valasaravakkam has not properly responded to the same. However, if four weeks time is granted, the first respondent would be in a position to take a final call on the petitioner's application. On this basis, he prayed for four weeks time.
6. This Court on a perusal of the typed set of papers filed by the petitioner, has found that the Assistant Revenue Officer (Zone-XI) has also issued No Due Certificate, dated 22.08.2016 and the relevant portion is also extracted hereunder :
"bgUefu brd;id khefuhl;rp. kz;lyk;-11. thh;L-151 nghU:h; kt[z;l; g{e;jky;yp rhiyapy; cs;s _ nfhghy fpUc;&zh jpiuau';fj;jpw;F jpU/gp/tp/$dhh;jd Kjypahh; vd;w bgahpy; brhj;Jthp brYj;jg;gl;L tUfpwJ/ elg;g[ eppahz;L tiu brhj;Jthp bjhif epYit VJk; ,y;iy vd bjhptpj;Jf; bfhs;sg;gLfpwJ/"
Therefore, it is for the first respondent to pass suitable orders. Considering the fact that matter is pending for a quite long time, this Court directs the first respondent to pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed.
08.02.2017 tsvn Index : Yes / No Note to Office :
Issue order copy on 10.02.2017.
To
1. The District Collector Thiruvallur, Thiruvallur District.
2. The Commissioner of Police Greater Chennai, Vepery, Chennai - 600 007.
T.RAJA, J tsvn W.P.No.562 of 2017 08-02-2017 http://www.judis.nic.in