IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 8964 of 2011(U) ------------------------------------- PETITIONERS: --------------------- 1. M/S. RAMDAS & RAVIKRISHNA THEATRES, M.G.ROAD, THRISSUR-680 001. REPRESENTED BY ITS MANAGER MR. JAMES THEOPHILOS. 2. MOHAN PAUL, PROPRIETOR, M/S. JOSE & SAPNA THEATRES SWARAJ ROUND, THRISSUR-680 001. 3. M/S. GEORGEYETTAN'S RAGAM, SWARAJ ROUND, THRISSUR-680 001. REPRESENTED BY SHRI.K.P.SREEDHARAN,CHIEF EXECUTIVE. 4. DR. GIRIJA.K.P., PROPRIETOR, M/S. GIRIJA THEATRE, SHORANUR ROAD, PATTURAKKAL, THRISSUR-680 002. 5. BIJU.A.S., MANAGING PARTNER, M/S. BINDU MOVIES, WEST FORT, THRISSUR-680 004. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADVS. SRI.S.SUJIN, SRI.ANTONY C. ETTUKETTIL. RESPONDENTS: ------------------------ 1. THE REVENUE OFFICER, CORPORATION OF THRISSUR, THRISSUR, PIN – 680 001. 2. THE CORPORATION OF THRISSUR, THRISSUR. REPRESENTED BY ITS SECRETARY, PIN – 680 001. 3. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY SRI. K.B. MOHAN DAS, S.C, R3 BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 8964 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2011 J U D G M E N T This writ petition has been filed mainly with a prayer to quash Ext.P4 and to issue a writ of mandamus commanding the second respondent Corporation to consider Ext.P5 representation and pass orders thereon. Ext.P4 is a reply given to the petitioner on 11.5.2010 rejecting the request of the petitioner for increasing the rate of ticket viz., refusing to revise the entry fee. It is an order passed by the Finance Committee of the second respondent Corporation. Thereupon, the petitioner preferred Ext.P5 representation before the Council of Thrissur Corporation. Though the petitioner seeks for a direction to the second respondent to consider and pass orders on Ext.P5, when this matter taken up for consideration today, the learned senior counsel appearing for the petitioner, taking note of the fact that the petitioner has already preferred a statutory appeal viz., Ext.P6 in terms of Rule 14 read with Form E of the Kerala Cinema Regulation Rules, 1988 before the State Government, WPC.8964/2011 : 2 : submitted that the petitioner may be permitted to confine his prayer to one for a direction to the State Government to consider Ext.P6 appeal preferred against Ext.P4. The relevant condition condition No.4 under the regulation referred above reads thus:- “any person who is aggrieved by the order, of the Licensing Authority on an application for permission to increase the said maximum rates may, within 30 days from the date of receipt of such order, appeal to the State Government who may after such inquiry as they consider necessary pass such orders thereon as they think fit. 2. In condition No.3, the maximum rates that can be fixed for the purpose of payment to admission to different classes in the licenced premises has been indicated. It also says that rates fixed shall not be increased during the currency of the licence without an order, in writing, by the licensing authority permitting such increase. Condition No.3 further says that the order of the licensing authority in this regard is liable to be cancelled of modified by the State Government, if they consider such a course, just and necessary. It is thus obvious from the conjoined reading of sections 3 and 4 that Government are the competent authority in the said circumstances to consider the whole issue. The petitioner has already taken up the order of the Finance WPC.8964/2011 : 3 : Committee of the second respondent Corporation before the State Government as per Ext.P6. In the said circumstances, this writ petition is disposed of with a direction to the 3rd respondent to consider and pass orders on Ext.P6 expeditiously, in accordance with law. At any rate, this shall be done within six weeks from the date of receipt of copy of this judgment. It is made clear that this Court has not made any observation regarding the merits of the contentions raised either in this writ petition or in Ext.P6 appeal. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge