IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23657 of 2011(F) -------------------------- PETITIONER(S): --------------- ANAND THEATRE, P.B.NO.51, KOTTAYAM -1 REPRESENTED BY ITS PARTNER MR.G.GEORGE BY ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE MUNICIPAL SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM-1. 2. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT (PUBLIC ADMINISTRATION) SECRETARIAT, THIRUVANANTHAPURAM-1. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.23657/11 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LATEST PARTNERSHIP DEED DT 1.4.06. P2 COPY OF THE LICENCE DT 9.6.10. P3 COPY OF THE SANCTION TICKET DT 28.3.11. P4 COPY OF THE LETTER DT 27.4.11. P5 COPY OF THE LETTER DT 3.6.11. P6 COPY OF THE LICENCE DT 10.6.11. P7 COPY OF THE CERTIFICATE BY R1. P8 COPY OF THE LETTER DT 24.8.11. P9 COPY OF THE LETTER DT 26.8.11. P10 COPY OF THE APPLICATION FOR LICENCE. P11 COPY OF THE JUDGMENT DT 17.7.96. P12 COPY OF THE JUDGMENT DT 10.12.96. P13 COPY OF THE ORDER DT 3.9.92. P14 COPY OF THE ORDER DT 4.8.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23657 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 31st day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Ext.P5 is an application made by the petitioner for licence under the Cinema (Regulations) Act, 1975. This application was submitted as early as on 03.06.2011 and till date, no orders have been passed or communicated to the petitioner. As a result of this, petitioner is prevented from resuming shows in their theatre. It is in these circumstances, the writ petition has been filed with a prayer to direct the respondent to issue licence under Rule 14 of the Kerala Cinematographic (Regulation) Rules, 1988, pursuant to Ext.P5 application referred to above. There is a further prayer that until orders are passed on Ext.P5, respondent should be directed to issue temporary licence under Rule 23 of the Kerala Cinemas (Regulation) Rules, 1988. W.P.(C) No.23657/2011 : 2 : 2. I heard the learned Senior Counsel for the petitioner and also the learned Standing Counsel appearing for the first respondent. The learned Standing Counsel for the first respondent confirms the pendency of Ext.P5 application. Therefore, there will be a direction that the first respondent should pass orders on Ext.P5, as expeditiously as possible, on the production of a copy of this judgment along with a copy of the writ petition. 3. Rule 23 of the Kerala Cinemas (Regulation) Rules, 1988 requires that if the licensing authority does not communicate its orders on the application, temporary permit in Form-F shall be issued, provided the electrical certificate and structural stability certificate continue to remain valid. Petitioner's specific case is that the aforesaid requirements are fully satisfied. In that view, if the electrical certificate and structural stability certificate produced by the petitioner continue to remain valid, it is directed that, on the production of a copy of this judgment, temporary permit in Form-F shall W.P.(C) No.23657/2011 : 3 : be issued to the petitioner forthwith enabling them to resume shows in their theatre. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/31/08 // True Copy // P.A. To Judge