IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 33254 of 2009(B) --------------------------------------- PETITIONER(S): ----------------------- 1. P.V.BASHEER, LIBERTY DISTRIBUTORS, P.B.NO.105, A.V.K.NAIR ROAD, THALASSERY. 2. KERALA FILM EXHIBITORS FEDERATION REP.BY ITS PRESIDENT SRI.P.V.BASHEER, KALABHAVAN ROAD, KOCHI. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFIARS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 4. THALASSERY MUNICIPALITY, REP.BY ITS SECRETARY, THALASSERY. R1 TO R3 BY GOVT. PLEADER I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33254 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2009. JUDGMENT The first petitioner is a cinema theatre owner. The second respondent is an association. The State Government granted 50% tax concession for a movie Kerala Varma Pazhassi Raja. In some earlier matters, this Court held that the benefit of the tax concession should go to the viewer and that neither the producer, distributor nor the theatre operator could enjoy the benefit of the concession. The petitioners now state that the concession is being passed on to the viewer but they have decided to revise the ticket rates and enhance it to that extent which will include the amount enjoyed by the viewer as tax concession. The petitioners want this Court to issue a direction to consider the proposal of the petitioners. In my view, what is being attempted WPC33254/09 -: 2 :- to be pushed through is nothing but a clear overreaching of the benefit given to the viewers by the State Government by way of reduction or concession in tax. The petitioners are not entitled to any relief. The writ petition fails. The same is accordingly dismissed in limine. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/3011