D. Murugesan, J. - (1.) THE writ appeal relates to the grant of 'C' Form Licence in respect of Ramaratna THEatre, Avadi, Chennai.
(2.) FOR the disposal of the writ appeal the following facts are necessarily to be stated:- As on today, the theatre is run on the basis of 'E' Permit issued in favour of the appellants viz., Tmt.R.Pushparathinammal, W/o Ramasamy Nadar and Tmt.Saraswathiammal, W/o Ratnapandi Nadar. No Objection Certificate was issued by the Collector of Chingleput District, Nandanam, Madras-35 on 01.02.1961, to locate a permanent Cinema Theatre in S.No.716/1 of Paruthipattu Village, Sriperumbudur Taluk in terms of Rule 36 of Madras Cinema Rules, as it was known then. Thereafter 'C' FORm Licence was issued by the Collector of Chingleput District, Nandanam, Madras-35 in favour of T.K.Rathinapandia Nadar, on 18.07.1963, in exercise of the power under Section 5(6) of the Tamil Nadu Cinemas Regulation Act, 1955. After the demise of T.K.Rathinapandia Nadar, in whose name No Objection Certificate and 'C' FORm Licence were granted, the 'C' FORm Licence was transferred in the names of Pushparathinam Ammal W/o Ramasamy Nadar and Saraswathi Ammal W/o T.K.Rathinapandia Nadar on 04.11.1967. The licence was periodically renewed and initially on 30.5.1968 for the period from 01.06.1963 to 17.07.1968 and thereafter on 25.03.1980 for the period from 27.3.1980 to 17.7.1980 and finally it was renewed upto to December 1990. Thereafter, the licence was not renewed. However, this Court by the order dated 27.4.1994 in W.P.No.15446 of 1991, directed the District Collector, Kancheepuram to consider and dispose of the application of the appellants herein for renewal of 'C' FORm Licence dated 16.12.1990 and this Court also further directed that till such time the application is disposed, the respondent would issue 'E' Permits. Thereafter, the appellants herein were issued with 'E' Permits continuously. A show cause notice dated 04.07.2000 was issued by the third respondent for cancellation of the 'C' Form Licence. A reply was given by the appellants, but the same was not accepted and the District Collector by his proceedings dated 13.1.2003, cancelled the 'C' Form Licence on the ground that the land in question which was purchased by the predecessors of the appellants was poramboke land and the appellants have not established their title. The licensing authority having found that the land is a poramboke land had not adverted to the copies of the documents filed by the appellants viz., the sale deeds. The said order was questioned before this Court by the appellants in W.P.No.1854 of 2003, but the same was dismissed by order dated 14.08.2003 with a direction to the appellants to prefer appeal under Section 9A of the Tamil Nadu Cinema (Regulation) Act, 1955 and accordingly an appeal was preferred by the appellants before the Additional Commissioner (Cinema), Chepauk, Chennai -5, the second respondent herein. The said appeal was also rejected on 30.09.2003 on the same ground found by the licensing authority. A revision filed before the Secretary to Government, Home (Cinema) Department, Chennai, the first respondent, also rejected by order dated 03.03.2004. When the above orders were put in issue before this Court in the W.P.No.35690 of 2003, the challenge was negatived by this Court by order dated 17.10.2003, on the ground that there is dispute as to the ownership of the property, and therefore the appellants shall move the appropriate civil Court to get the title declared. The above order is under challenge in this appeal.
(3.) EXCEPT as to the dispute whether the land is Government Poramboke as claimed by the licensing authority or belongs to the appellants by virtue of the sale deeds, all other facts which we have narrated are not in dispute. Keeping the above factual aspect in mind, the grievance of the appellants as against the cancellation of the 'C' Form Licence must be considered. Rule 13(1) of Tamil Nadu Cinemas (Regulations) Rules 1957 reads as under:- "13(1) If the applicant for the licence is the owner of the site, building and equipment, he shall produce to the licensing authority the necessary records relating to his ownership and possession thereon. If he is not the owner, he shall, to the satisfaction of the licensing authority, produce documentary evidence to show that he is in lawful possession of the site, building and equipment." In order to make an application for 'C' Form Licence the applicant shall produce to the licensing authority the necessary records relating to his ownership as well as possession thereof. By the very said Rule, in case if the applicant is not the owner of the land, he shall also satisfy the licensing authority by producing documentary evidence to show that he is in lawful possession of the site, building and equipment.;