IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 7.6.2017 CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.4701 of 2016 Sri Murugan Theatre Rep by its Licencee Tmt Vani Sekar W/o.T.L. Lakshmana Sekar, Thirupattur Vellore District ... PETITIONER Vs.
1. State of Tamil Nadu Rep by its Principal Secretary to Government Home (Cinema) Department, Fort St. George, Chennai 9
2 The Appellate Authority/ Additional Chief Secretary/The Commissioner Land Administration Department Chepauk Chennai 5
3 The District Collector Vellore District, Vellore ... RESPONDENTS Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the 3rd respondent made in his proceedings Rc. No.C1/12979/2013 dt 13.7.2013 and modified by the 2nd respondent in Rc. No.L-3/CA6/(21589)/2013 dt 17.7.2014 and confirmed the order of the 2nd respondent by the 1st respondent in G.O.(D) No.370 Home (Cinema) Department dt 1.6.2015 and quash the same.
For Petitioner : Mr.N.Sathyamoorthi For Respondents : Mr.R.Govindasamy Addl. Govt. Pleader *****
O R D E R
As directed by this Court, by its order, dated 17.2.2016, the third respondent viz., the District Collector, Vellore filed a report before this Court. The said report has been incorporated in para 10 and 11 of the affidavit filed by the third respondent which reads as follows:
''It is submitted that the field inspection report reveals the following facts:
1 Only collapsed roof of the auditorium was repaired. Other portion of the roof and wall are in dilapidated condition and yet to be restored. Moreover, cracks have been developed in the walls.
2 The floor of the auditorium is in worst condition. The alteration works of seats and flooring work are under process without the prior approval of District Collector.
3 The cracks have been developed in the cable wall also.
4 There is no access to the catwalk portion and there is no electrical facilities. Further, there is no provisions of exhaust fan in that area.
5 The Assistant Collector, Tirupathur and the Executive Engineer, PWD Buildings, C & M, Vellore have opined that the structural stability of the theatre is unsound.
11 It is submitted that based on the field inspection report it is ascertained that the subject theatre is structurally unsound.
2 In the light of the report filed by the third respondent, no case has been made out in the present writ petition. However, it is open to the petitioner to comply with the said defects pointed out in the report and approach the competent authority afresh.
Accordingly, the writ petition stands dismissed. No costs.
7.6.2017 Speaking / Non Speaking order Index : Yes/No Internet : Yes/No vaan To 1. The Principal Secretary to Government, State of Tamil Nadu Home (Cinema) Department, Fort St. George, Chennai 9 D.KRISHNAKUMAR, J.
vaan
2 Additional Chief Secretary/The Commissioner Land Administration Department Chepauk Chennai 5
3 The District Collector Vellore District, Vellore W.P.No.4701 of 2016 7.6.2017