IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22164 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, CHEIF EXECUTIVE. 4. DR.GIRIJA K.P PROPRIETOR,M/S GIRIJA THEATRE SHORANUR ROAD, PATTURAKKAL, THRISSUR 680 004. 5. BIJU A.S, MANAGING PARTNER, M/S BINDU MOVIES WEST FORT, THRISSUR 680 004. BY ADV. MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE MR.S.SUJIN MS.NITA.N.S. RESPONDENTS: --------------- 1. THE REVENUE OFFICER, CORPORATION OF THRISSUR, THRISSUR 680 001 2. THE CORPORATION OF THRISSUR, THRISSUR 680 001,REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT,THIRUVANANTHPURAM 695 001. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHPURAM 695 001. ADV.MR.KODOTH SREEDHARAN, SC FOR R1 & R2 MR.ABDUL SALAM, GOVERNMENT PLEADER FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22164 of 2011(U) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: REPRESENTATION FILED BY THE PETITIONERS BEFORE R2 DTD. 31.1.2011. EXT.P2: CINEMA TICKETS OF DIFFERENT CINEMA theaters CONTAINING THE ENTRY FEE. EXT.P3: JUDGMENT OF THIS COURT DTD. 24.3.2011 IN W.P.(C). NO.8964/2011. EXT.P4: ORDER DTD. 7.7.2011 ISSUED BY R2. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.22164 Of 2011 ---------------------- Dated this the 18th day of August, 2011. J U D G M E N T Heard the learned Senior Counsel for the petitioners, learned Standing Counsel for respondents 1 & 2 and Learned Government Pleader for respondents 3 & 4. 2. The writ petition is filed seeking to quash Ext.P4 order and for a direction directing the respondents to consider Ext.P1 representation and pass orders thereon. 3. Petitioners are owners of cinema theatres located within the limits of Thrissur Corporation. Petitioners pointed out that except Thrissur Corporation, no other local bodies have restricted the powers of the exhibitors to revise and fix the entry fee to the cinema hall whereby in such areas considerable revenue was given to the proprietors and financial burden of the exhibitors are considerably reduced. According to the petitioners Thrissur Corporation is showing a negative attitude and that the rates now charged in Thrissur Corporation is far less than the charge levied for entry fee of cinema hall even in certain Panchayaths. It is also pointed out that the petitioners were not heard on the representations submitted by them earlier and the representations were disposed of by the Corporation and the ::2:: W.P.(C).No.22164 Of 2011 Government. According to the petitioners, if the Corporation permitted the petitioners to appear before them, the petitioners would have been able to substantiate their case of revision and re-fixation of entry fee by producing all relevant documents and that the petitioners will be able to demonstrate the fact that the present rates are highly inadequate to run the cinema theatres. 4. In the facts and circumstances stated above and considering the grievance placed before this Court by the petitioners, this Court is of the view that the matter requires reconsideration. Therefore, a direction is issued to the Secretary of the 2nd respondent Corporation to consider and pass appropriate orders on Ext.P1 representation after affording an opportunity of being heard to the petitioners and similarly affected parties, if any, within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-