- (1.) The Joint Collector, East Godavari, Kakinada, by his proceedings dated the 30th of April 1980, granted the third respondent of Atreyapvram village; Kothapet Taluk, East Godavari District, permission to construct a temporary cinema theatre in R. S- Nos. 85/2 and 95/4A of Atreyapuiam village. This permission was granted under Rule 9 (2) of the Andhra Pradesh Cinemas (Regulation) Rules 1970. The writ petitioner, who has been owning and already running a touring talkies called Sri Vijayalakshmi Touring Talkies in another neighbouring village called Vucheli, Kothapet Taluk, East Godavari, feeling aggrieved by that order of the Joint Collector, East Godavari, filed a revision petition to the Government of Andhra Pradesh. That revision petition was dismissed by the Government in its Memo No. 123/General-A/80-5 dated the 5th November, 1980. The proprietor of Vijayalakshmi Touring Talkies, Vucheli, has now filed this writ petition under Act. 226 of the Constitution seeking a writ of Certiorari to quash the order pasted by the Government in the aforesaid memorandum ar.d the permission granted by the Joint Collector, East Godavari in the aforesaid proceedings dated the 30th of April, 1980.
(2.) The matter of grant of licence for a cinema talkies either permaneat or touring is governed by the provisions of the Andhra Pradesh Cinemas (Regulation) Act, 1955 and the rules made under that Act called 'The Andhra Pradesh Cinemas (Regulation) Rules, 1970. The complaint of the writ petitioner is that the action of the Joint Collector in granting permission to construct a theatre to the third respondent herein is illegal as being contrary to Rule 7 of the aforesaid Rules, It it necessary to read Rule 7 which reads thus Rule 7 (1) Subject to sub rule (5) of this rule the number of cinema buildings allowed to function in any place on the basis of the population of such place shall be at specified below: (a) there shall be no restriction on the basis of population to the grant of licences (i) to permanent cinemas; and (ii) to temporary cinemas if there is no permanent cinema; (b) Semi permanent cinemas shall be allowed only in towns and villages having a population of less than 1.00,000 and not havirg more than three permanent cinemas already functioning: (c) Where the population is 20,000 and less, only one temporary cinema shall be allowed if there is one permanent cinema and no temporary cinema shall be allowed if there are more than one permanent cinemas; (d) Where the population is over 20,000 but less than 50,000 only two temporary cinemas shall be allowed if there are one or more permanent cinemas; (e) Where the population is over 50,000 only three temporary cinemas shall be allowed if there is only one permanent cinema; two temporary cinemas shall be allowed if there are only two permanent cinemas; and no temporary cinema shall be allowed if there are three or more permanent cinemas; (2) Subject to sub rule (5) of this rule the location of cinema buildings in terms of distance from each other or from any other building shall be as specified below: (a) no restriction in regard to distance between one permanent cinema and another permanent cinema; (b) 800 metres between one temporary cinema and other temporary cinema; (c) 800 metres in between a (permanent or semi-permanent theatre) and a temporary theatre. (d) 6.5 metres between a cinema building and any other building.
(3.) The distance between any two cinema buildings or between a cinema building and any other building shall be reckoned from the main entrance of one to that of the other along the shortest pathway, laue, street, road or any other way connecting them provided that such path way is generally used by the members of the public.;