IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 2-4-2008 CORAM THE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMAR W.P.No.4847 of 2008 M.P.No.1 of 2008 Sree Balaji Theatres, rep.by its Managing Director, Thirukoilur ... Petitioner Vs. 1. The State of Tamil Nadu, rep.by its Secretary to Government, (Home) Cinema Department, Fort St.George, Chennai - 600 009. 2. The Additional Commissioner, Cinemas, Land Administration Department, Chepauk, Chennai - 600 005. 3. The District Collector, Villupuram, Villupuram District. ... Respondents Prayer: This writ petition is filed under Article 226 of Constitution of India, praying this Court to issue a writ of Certiorari calling for the records of the proceedings of the first respondent dated 29.1.2008 made in G.O.(D)No.75 Home (Cinema) Department, issued pursuant to proceedings of the second respondent dated 6.7.2007 made in L3/CA No.12/2007 and the proceedings of the third respondent made in Na.Ka.C2/12397/07 dated 7.5.2007 and quash the same. For Petitioner : Mr.S.Thirumavalavan For Respondents : Mr.M.R.Jothimanian, Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R By consent of both parties, the writ petition is taken up for final disposal. 2. Prayer in the writ petition is to quash the order of the Government dated 29.1.2008 modifying the suspension of 'C' Form licence of the petitioner theatre for ten days. 3. The petitioner theatre is issued with 'C' Form licence under the provisions of the Tamil Nadu Cinema Regulation Act and Rules made thereunder and it is a permanent theatre, which is exhibiting mainly Tamil movies. On 17.3.2007, a new picture named 'Sabari' was exhibited during the morning show. The Revenue Divisional Officer, Tirukoilur, inspected the theatre and submitted a report to the third respondent. Based on the inspection report, the third respondent issued a show cause notice on 23.3.2007 alleging two charges, (i) The Licensee collected higher rate for admission i.e, Rs.10/- instead of Rs.5.75 and Rs.20/- instead of Rs.7.75 and as such violated condition No.6 of the 'C' Form licence; (ii) The Licensee violated the proceedings of the third respondent dated 20.9.1996 wherein the third respondent fixed the rate of admission of inmates to the petitioner theatre. Petitioner submitted its explanation by stating that the entire tickets for the morning show intended for 17.3.2007 were sold to the Fans' Association as they have made bulk booking and no higher rate more than the rate fixed in the 'C' form licence was collected. It is further stated that the members of the Fans' Association sold the tickets at higher rate for collecting contribution to their Association and the petitioner cannot be blamed for the same, as the selling had taken place outside the licenced premises. According to the petitioner, the third respondent without considering the said explanation passed an order on 7.5.2007 suspending the 'C' Form licence of the petitioner theatre for a period of 15 days, as against which the petitioner filed an appeal before the second respondent in which the period of suspension was reduced from 15 days to 10 days. Against the said order in appeal, the petitioner filed revision before the first respondent on 12.7.2007. The said revision was dismissed by the first respondent and confirmed the order of the second respondent, as against which this writ petition is filed on the ground that principles of natural justice was not followed by the https://hcservices.ecourts.gov.in/hcservices/ Licensing Authority while imposing the punishment of suspension of licence and copies of the statement obtained from the audiance and the report of the Revenue Divisional Officer were not furnished before imposing the punishment. 4. This Court admitted the writ petition on 25.2.2008 and granted interim stay for a period of four weeks. When the matter was posted for extending the interim stay, the learned counsel for the petitioner theatre submitted that out of ten days of suspension imposed, petitioner theatre was closed for one day and instead of closing the theatre for nine days to undergo the punishment, the petitioner is willing to pay the profit of the petitioner theatre for nine days to any welfare organisation/charitable institution and the amount may be fixed by this Court and suitable direction may be given to the petitioner so that the petitioner theatre need not be closed. An affidavit dated 28.3.2008 containing the said statement is also filed by the petitioner on 31.3.2008. 5. The learned Government Advocate appearing for the respondents submitted that the suggestion made by the learned counsel for the petitioner and in view of the affidavit filed in respect of the same may be accepted by this Court and suitable direction may be given to the petitioner to pay the profits to be earned by the petitioner theatre for nine days, to any Charitable institution. 6. I have considered the rival submissions of the learned counsel appearing for the petitioner as well as respondents. 7. The point in issue is whether the submission made by the learned counsel for the petitioner can be accepted and by seeking orders on that basis, the petitioner can avoid the punishment imposed. 8. It is an admitted fact that by screening films in a Theatre the Licensee will earn income, as running a Cinema Theatre is a trade/business. By not allowing the Licensee/owner to take away/enjoy the profit derived by screening films for nine days, the punishment imposed may not be said to be diluted. On the other hand, by permitting the petitioner to screen films and donate the profits to Charity, it would only be beneficial to the Society as it serves a noble purpose. The petitioner also may not suffer loss of reputation and the Licensee/owner may not suffer by paying salary to his employees from his own source for nine days. If the suspension order is implemented in its strict sense, the petitioner can state that the theatre is closed for nine days for carrying out maintenance work and by allowing the same to take place, it will serve no purpose, except denial of profit to the owner for nine days. In short, though the petitioner is permitted to screen film for nine days, he will earn nothing. Hence I am of the view that interest of justice would be met by accepting the suggestion put forward by the learned counsel https://hcservices.ecourts.gov.in/hcservices/ for the petitioner, which is also accepted by the learned counsel for the respondents. 9. In the affidavit dated 28.3.2008 it is stated that the petitioner theatre has 66 seats in the Box class; 191 seats each in 1st and 2nd classes' 135 seats in the 3rd class; thus the total seating capacity of the theatre is 583; and the gross collection is Rs.3,545/- per show. In the affidavit, it is further stated as follows: "I further submit that as a licensee of the theatre, I undertake to pay the licensee's share of profits for the period fixed by this Hon'ble Court to any Welfare Organization/charitable institution as ordered by this Hon'ble Court. I am willing to abide by whatever conditions imposed by this Hon'ble Court." 10. In view of the above submission in the affidavit, it is to be ascertained as to what would be the approximate profit of the theatre for nine days by screening four shows per day. As per the details furnished by the petitioner theatre, it is evident that per day collection of the theatre would be Rs.14,180/- (Rs.3,545 x 4 shows). I am of the considered view that the profit per day would be Rs.4,000/- after deducting all expenses for maintaining the theatre and after payment of salary to the workers, etc., the approximate profit for nine days works out to Rs.36,000/- and the said amount may be ordered to be paid to the blind people, who could not see the beauty of the nature and cinema, which is man-made creation. 11. In the above circumstances, the writ petition is disposed of with the following directions: (a) As agreed by the petitioner, a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) is ordered to be paid to C.S.I. Blind School, Irenipuram, Kanyakumari District, PINCODE-629197, where 105 blind students are admitted and getting education, food and shelter, etc., free of cost. (b) The balance amount of Rs.11,000/- (Rupees Eleven Thousand only) is ordered to be paid to Nethrodaya Trust, No.8 Spartan Nagar, Mogappair East, Chennai-600037, which has admitted 35 blind students, who are getting education, food, shelter, etc., free of cost. (c) The said amounts are to be paid to the above Schools for the visually challenged, within two weeks from the date of receipt of copy of this order and compliance report with receipts issued by the concerned Institutions shall be filed before this Court on or before 22.4.2008. https://hcservices.ecourts.gov.in/hcservices/ (d) Office is directed to post this matter before Court on 23.4.2008 for reporting compliance of payment and on compliance, the period of suspension of licence is deemed to be complied with by the petitioner. (e) Office is also directed to send copy of this order to C.S.I.School for Blind, Irenipuram, Kanyakumari District, PIN-629197, and Nethrodaya Trust, No.8 Spartan Nagar, Mogappair East, Chennai-37. (f) There will be no order as to costs. Connected miscellaneous petition is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vr To 1. The Secretary to Government, (Home) Cinema Department, Fort St.George, Chennai - 600 009. 2. The Additional Commissioner, Cinemas, Land Administration Department, Chepauk, Chennai - 600 005. 3. The District Collector, Villupuram, Villupuram District. 4. The Correspondent, C.S.I.School for Blind, Irenipuram, Kanyakumari District, PIN-629 197 5. The Founder, Nethrodaya Trust, No.8 Spartan Nagar, Mogappair East, Chennai - 600 037. 6. The Section Officer Writ Section High Court Madras. + 1 CC to Mr.S.Thirumavalavan Advocate SR NO.18456 Order in W.P.No.4847 of 2008 VR(CO) JJM(02.04.08) https://hcservices.ecourts.gov.in/hcservices/