H N THIMMIAH PROPRIETOR CENTRAL TALKIES SESHADRIPURAM BANGALORE CITY Vs. STATE OF MYSORE
HIGH COURT OF KARNATAKA
H.N.THIMMIAH, PROPRIETOR, CENTRAL TALKIES, SESHADRIPURAM, BANGALORE CITY,L.KISHENDAS, PROPRIETOR, PARAMOUNT TALKIES, FORT, BANGALORE CITY
STATE OF MYSORE,DISTRICT MAGISTRATE, BANGALORE DISTRICT
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PADMANABHIAH J. -
(1.)These are two connected petitions filed by the respective petitioners-under Art. 226 of the Constitution praying for the issue of writs of Certiorari or other suitable writs, orderg or directions for quashing the Notification No.H.A.5074-85/Pol. 201-54-6, dated 22nd December 1954, issued by the first respondent-State Government, and also section 5 (4) of the Mysore Cinemas (Regulation) Act (Act XXXI of 1952) under which the said Notification is issued, as unconstitutional and illegal, and writs of prohibition preventing respondents or their subordintes from enforcing the said Notification. Though the petitioners are different in these two cases, yet the points involved in both of them are identical and therefore these two cases will be covered by a single order.
(2.)The facts that have given rise to these two petitions are briefly as follows : The petitioner in W. P. 82 of 1955 is the proprietor of the Central Talkies and the petitioner in W. P. 212 of 1955 the proprietor of the Paramount Talkies in Bangalore. The 1st respondent is the State Government, and the 2nd the District Magistrate, Bangalore. Both the petitioners are holders of licences issued by the 2nd respondent (District Magistrate) to run their cinemas. The first two directions incorporated in the said Notification run as under:
"(1) The licensee shall so regulate the exhibition of cinematograph films that, at every performance open to the public, approved films are exhibited, the approved films to be exhibited in relation to other films at every such performance being in the same proportion as one is to five or the nearest lower or higher approximation thereto. (2) Only such films produced in India as are certified by the Central Government with the previous approval of the Film Advisory Board, Bombay, to be scientific films, films intended for ednca tional purposes, films dealing with news and current events or documentary films shall be deemed to be approved films for the purposes of these directions."
(3.)The contention urged on the side of the petitioners is that these directions in the notification are unconstitutional and illegal inasmuch as they interfere with their fundamental right guaranteed under Art. 19 of the Constitution. It is, therefore, averred that the Notification and also section 5 (4) of the Mysore Cinemas (Regulation) Act arc both liable to be quashed as being unconstitutional and illegal.
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