IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.7.2011 CORAM THE HON'BLE MR.JUSTICE K.CHANDRU W.P.No.4451 of 2009 T.Ramalingam ... petitioner Vs. The District Collector (Licencing Authority) Vellore District Vellore ... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records comprised in Mu.Mu.C1/20041/2007 dated 24.7.2007 and the consequential order made in O.Mu.(C1)5141/2009 dated 17.2.2009 on the file of the respondent, quash the same and consequently direct the respondent to transfer the 'C' Form licence of Saravana Theatre in the name of the petitioner. For petitioner : Mr.R.Karthikeyan For Respondent :Mr.Rm.Muthukumar G.A. O R D E R The petitioner claims to have purchased the Saravana Theatre, situated at Seruvangi Village, Gudiyattam Taluk, Vellore District. The said purchase is through Court auction and when the petitioner claimed that there must be a transfer of the name of the C form licence and made a representation to the District Collector, Vellore District. The said request was rejected by stating that the petitioner has purchased the auction property, namely, Saravana Theatre, the provisions of the Tamil Nadu Cinemas (Regulation) Rules, 1957, did not provide any name change in the existence C form licence. Being a owner of the theatre, the petitioner should make an appropriate application in terms of the Tamil Nadu Cinemas (Regulation) Rules, 1957, more particularly Section 120 of the said Rules. The petitioner was also informed that since the erstwhile owner, who had having C form licence, had mortgaged the property https://hcservices.ecourts.gov.in/hcservices/ through Financier and also obtained a loan, steps have been taken to cancel the C form licence standing in the name of the theatre. Challenging the said communication dated 24.7.2007, the present writ petition came to be filed. 2. In the present writ petition, notice of motion was ordered on 25.3.2009. Subsequently, the writ petition was admitted on 24.11.2010. Pending the writ petition, this Court did not grant any interim direction for the issuance of C form licence, though a miscellaneous petition in M.P.No.1 of 2009 in W.P.No.4451 of 2009 had been filed. 3. On notice from this Court, the District Collector, namely, the licencing authority has filed a counter affidavit dated 16.11.2010. In the counter affidavit, there was no dispute regarding the purchase of the property by the petitioner along with its fixtures on 14.10.2008. It is also not in dispute that the petitioner was a successful bidder and get the property through the Court auction. However, it is stated that for renewing the existing C form licence, the purchaser of the property has to submit an application in the proper format along with the required enclosures. The said enclosures include, fitness certificate for the structural soundness from the Public Works Department, no due certificate from the Film Division, Electrical Certificate from the Electrical Inspector. Since the petitioner had not made any such application in accordance with law, his request was rejected. 4. Mr.R.Karthikeyan, the learned counsel appearing for the petitioner submitted that in all most circumstances, there is already existence of the C form licence available, it only requires name change and therefore, the respondent was wrong in denying the name change in the C form licence. 5. As pointed out in the counter affidavit, since the erstwhile C form licence is also sought to be cancelled as per the terms and conditions of the Tamil Nadu Cinemas (Regulation) Rules, 1957, this Court is not inclined to give a direction as sought for by the petitioner in the present writ petition. Further, it must be noted that the petitioner is only a purchaser of the property and not business. In such circumstances, being a Court auction purchaser and the owner of the property, he should make an application seeking C form licence. Merely because an application seeking C form licence involves production of the required enclosures, the petitioner cannot be permitted to bypass this procedure by filing a writ petition. The requirement of the documents for the issuance of the C form licence is based upon the public interest and also the District Collector must be satisfied with the running of the theatre is fully in consistence with the Rules framed under the Tamil Nadu Cinemas (Regulation) Rules, 1957. Under such circumstances, there is no illegality or irregularity in the impugned order passed by the https://hcservices.ecourts.gov.in/hcservices/ District Collector. Hence, the writ petition stands dismissed. No costs. Connected M.P.No.1 of 2009 is closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar lan To: The District Collector (Licencing Authority) Vellore District Vellore. 1 cc to Mr.v , Advocate, Sr.No.44233 1 cc To Government Pleader, SR.No.43758 W.P.No.4451 of 2009 ksj(co) pmk.3.8.2011 https://hcservices.ecourts.gov.in/hcservices/