M.P.Kunhahammed Kutty vs The Principal Secretary To ...
2021 Latest Caselaw 7040 Ker

WP(C).No.5179 OF 2021(V)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.5179 OF 2021(V)

PETITIONER/S:
                M.P.KUNHAHAMMED KUTTY, AGED 59 YEARS, S/O. LATE
                MOHAMMED KUNHI, SIYO HOUSE, MARUTHI ROAD, MELAKKAM,
                MANJERI, KARUVAMBRAM P.O., MALAPPURAM,PIN-676 123

                BY ADV. SRI.R.RANJITH (MANJERI)
RESPONDENT/S:

      1         THE PRINCIPAL SECRETARY TO GOVERNMENT
                DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

      2         CHIEF ELECTRICAL INSPECTOR,
                DEPARTMENT OF CHIEF ELECTRICAL INSPECTORATE,
                HOUSING BOARD BUILDINGS, SANTI NAGAR,
                THIRUVANANTHAPURAM,PIN-695 001

      3         THE CHAIRMAN,BOARD OF EXAMINATION FOR CINEMA
                OPERATORS, OFFICE OF THE CHIEF ELECTRICAL
                INSPECTOR, HOUSING BOARD BUILDINGS, SANTI NAGAR,
                THIRUVANANTHAPURAM,PIN-695 001

      4         THE CHAIRMAN, KERALA STATE CHALICHITHRA ACADEMY,
                SATHYAN MEMORIAL BUILDING, KINFRA FILM AND VIDEO
                PARK, SAINIK SCHOOL, KAZHAKKOOTTAM P.O.,
                THIRUVANANTHAPURAM,PIN-676 123

      5         THE ELECTRICAL INSPECTOR,
                ELECTRICAL INSPECTORATE, MALAPPURAM,PIN-676 505

             ADV. SRI.A.SUDHI VASUDEVAN (SR.)
             ADV. SRI.JOSE JONES JOSEPH, SC, KERALA STATE
             CHALACHITRA ACADEMY
             ADV. SMT.SHILPA SATHISH
             ADV. SRI.INDRAJITH S KAIMAL
OTHER PRESENT:
             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5179 OF 2021(V)
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                                     JUDGMENT

Dated this the 1st day of March 2021

The petitioner claims to be the owner of a Cinema Talkies

being run in Malappuram District which is stated to be

categorized as "C class" Theater. It is stated that as at

present there is no licensed operator for it. But the

petitioner's son who is a graduate in Electrical Engineering is

doing the work of operator. According to the petitioner his son

is duly qualified for operating the same. However as per Ext.P3

letter dated 05.02.2021 the Secretary of the Cinema Operator

Examination Board informed the petitioner that services of a

licensed Cinema Operator is necessary for running the Theater as

prescribed under rule 50(1) of Cinema Regulation Rule and

therefore D certificate cannot be granted exempting from the

requirement of certificate of Operator. Producing Exts.P4 and P5

qualifying certificates of petitioner's son, it is stated that

no operators are willing to work in a "C Class" Theater which

itself is in temporary nature. Petitioner has therefore

approached respondents 1, 3 and 4 submitting representations.

2. As Ext.P3 has been issued referring to the provisions

contained in the Cinema regulation Rules it is only appropriate

that the 1st respondent considers the representation Ext.P6.

3. Therefore, the Writ Petition is disposed of, with a WP(C).No.5179 OF 2021(V)

direction to the 1st respondent to consider the request of the

petitioner in Ext.P6 and to pass orders after affording an

opportunity of hearing to the petitioner within a period of two

months from the date of receipt of a copy of the judgment. In

the meanwhile 5th respondent shall consider the claim of the

petitioner for operating the Cinema Theater availing the

services of a Graduate Engineer within a period of one month.

The Writ Petition is disposed of accordingly.

Sd/-

                                                     P.V.ASHA

rkc                                                     JUDGE
 WP(C).No.5179 OF 2021(V)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY        OF   THE   REPRESENTATION BY THE
                     PETITIONER       TO   THE   5TH RESPONDENT, DATED
                     4.1.2021

EXHIBIT P2           TRUE COPY        OF   THE   REPRESENTATION BY THE
                     PETITIONER       TO   THE   2ND RESPONDENT, DATED
                     4.1.2021

EXHIBIT P3           A TRUE COPY           OF THE COMMUNICATION DATED
                     5.2.21   FROM          THE  OFFICE OF   THE  2ND
                     RESPONDENT

EXHIBIT P4           TRUE   COPY    OF   THE   CERTIFICATE   OF

PARTICIPATION BY UFO DIGITAL CINEMA, DATED 8.6.2014

EXHIBIT P5 TRUE COPY OF THE BACHELORS DEGREE CERTIFICATE OF MR.RISHIN MUHAMMED. M.P., DATED 13.6.2013, BY THE UNIVERSITY OF CALICUT

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.2.2021

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 22.2.2021

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 22.2.2021