IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 1582 of 2007 Between: Mandapati Yesubabu . .Petitioner And The Government of Andhra Pradesh rep. By its Principal Secretary to Home Department and others. .. Respondents THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.1582 of 2007 ORDER : This writ petition has been instituted by a socially active and vigilant individual, who is a resident of Bhimavaram town in West Godavari District, seeking action against the respondents for their inaction to prevent irregularities and illegalities being committed by the 6th respondent and other distributors and exhibitors of films in West Godavari District. 2) The writ petitioner submits that he is a socially conscious individual and he has been regularly witnessing large scale irregularities and illegalities committed by motion picture exhibitors in West Godavari District and hence, he instituted this writ petition. It is submitted by him that there are 200 cinema theatres situated various places in West Godavari District and nearly 50% of these theatres are located at 12 major towns or semi-urban areas in the district, where several exhibitors exhibit motion pictures, which are released recently. It is further alleged that the distributors of the films, the exhibitors of such films and the owners of these theatres colluded amongst themselves and begin collecting fares anything between Rs.25/- to Rs.100/- on each ticket depending upon the crowds that get attracted to such films. It is also submitted by the writ petitioner that wholesome exploitation of the general public who are desirous of seeking entertainment by viewing these motion pictures is resulting in no corresponding taxes being paid to the state. It is further submitted that no information relating to the authorization accorded to the exhibitors, theatre owners to collect such increased fare is made available anywhere in the premises. 3) Though these allegations have all been stoutly opposed by the 6th respondent, one of the exhibitors of the motion pictures, but none the else, the learned Government Pleader for commercial taxes has brought to my notice today that the 2nd respondent, the licencing authority, has taken adequate measures to curb the menace of unauthorized collection of higher fare from the general public by the exhibitors of motion pictures and for that purpose it has constituted vigilance committees at each municipality level in the district, under the chairmanship of the Tahsildar concerned. It is also pointed out that the entertainment officer, who is none other than an officer in the cadre of Assistant Commercial Tax Officer is also one of the members of the said committee. It is assured by the learned Government Pleader for Commercial Taxes that the vigilance committee has been authorized and directed to undertake surprise checks on the motion picture exhibitors during the relevant period when new pictures are released, which keep drawing large number of crowds to them, to ensure that such exhibitors do not unauthorisedly over charge the fare from the movie goers. In view of the constitution of this committee, the apprehension entertained by the writ petitioner can be said to have been answered to a certain extent. As to whether the motion picture exhibitors in the district are excessively charging the cine goers or not would depend upon collection of evidence at the relevant point of time. 4) It is therefore only appropriate that vigilance committee to be approached, highlighting any such irregularities or illegalities noticed by the vigilant public. It would therefore be appropriate for the writ petitioner to approach the vigilance committee concerned, which is headed by the local Tahsildar by bringing to their notice any irregularity or illegality committed by any particular exhibitor or exhibitors so that the vigilance committee will immediately take adequate steps and measures including initiating appropriate action against the licencee/exhibitor concerned. As and when the vigilance committee notices any irregularity or illegality committed by the motion picture exhibitors/theatre owners, the said fact should be promptly brought to the notice of the 2nd respondent to enable him to take appropriate penal action against such defaulting exhibitor. The 2nd respondent would also take appropriate and necessary measures to ensure that the documentary films supplied by the 5th respondent are also exhibited, in as much as the contents of such documentary films have a social purpose and message therein. It would be for the benefit of the viewers, to come to know of the social message loaded in such documentary films. The 2nd respondent licencing authority would also ensure that all motion picture exhibitors have been granted authorization to collect excess fare during any particular period or time, also exhibit such authorized excess fare to be collected from the cine goers prominently at the box offices of the respective exhibition theatres. 5) With these directions, the writ petition is disposed of. No costs. _____________________________ JUSTICE NOOTY RAMAMOHANA RAO November 26, 2009 KSH