IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 26392 of 2009(T) -------------------------------------- PETITIONERS: --------------------- 1. JYOTHI THEATRE, NILAMBUR, REPRESENTED BY ITS PROPRIETOR K.C.TRUMAN. 2. RAJESWARI TALKIES, NILAMBUR, REPRESENTED BY ITS MANAGER, K.M.GOPALAKRISHNAN. 3. MESSRS. FAIRYLAND THEATRE, NILAMBUR, REPRESENTED BY ITS MANAGING PARTNER, P.THANKARAJ. BY ADV. MR.P.R.VENKETESH. RESPONDENTS: ------------------------ 1. NILAMBUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NILAMBUR. 2. SECRETARY, NILAMBUR GRAMA PANCHAYATH, NILAMBUR. R1 BY ADV. MR.BABU S. NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26392/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENSE ISSUED TO P.1. EXT.P.2: COPY OF THE LICENSE ISSUED TO P.2. EXT.P.3: COPY OF THE LICENSE ISSUED TO P.3. EXT.P.4: COPY OF THE APPLICATION OF THE P.1. DTD. 26/12/2008. EXT.P.5: COPY OF THE APPLICATION OF THE P.2. DTD. 14/01/2009. EXT.P.6: COPY OF THE APPLICATION OF THE P.3. DTD. 29/12/2008. EXT.P.7: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO. 7196/1996 DTD. 17/07/1996. EXT.P.8: COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN W.P. (C). NO.29457/2003 DTD. 24/09/2003. EXT.P.9: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.29457/2003 DTD. 30/11/2008. EXT.P.10: COPY OF THE DECISION OF THE PANCHAYATH DTD. 02/02/2009. EXT.P.11: COPY OF THE RESOLUTION OF THE PANCHAYATH DTD. 06/06/2009. EXT.P.12: COPY OF THE COMMUNICATION DTD. 07/07/2009 ENCLOSING THE REPORT OF THE SUB COMMITTEE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No.26392 OF 2009 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioners, three cinema theatre operators in Nilambur, challenge Exts.P10 to P12 decision of the Grama Panchayat, which disclose certain criteria relatable to the facilities to be provided in connection with the proposed request for enhancement of ticket rates. Having considered the contents of those documents, it has to be said that a realistic and pragmatic approach has been adopted by the Grama Panchayat. It will, therefore, be open to the petitioners to enjoy the enhancement provided, they ensure that the facilities are made. The plea that the ticket rate should be enhanced before providing the facilities and the petitioners should be granted time to make the facilities available, is not appealing. The Writ Petition fails and the same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, Judge ps