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1 MEMORANDUM OF WRIT PETITION (Under Article 226 of the Constitution of India) IN THE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION) W.P.No of 2017 G. Devarajan, Son of Late.J.Gopalakrishnan, No.25/12, Sathyanarayan Street, Sembium, Chennai Petitioner 1. The Special Officer, Chief Minister s Special Cell The Government of Tamil Nadu, Fort. St. George, Chennai The Additional Chief Secretary Home Department The Government of Tamil Nadu, Fort. St. George, Chennai VERSUS 3. The Additional Chief Secretary and Commissioner Spl Team - Cinema Commissionerate of Land Administration Ezhilagam, Chepauk, Chennai The Principal Secretary and commissioner Spl Team - Cinema Commissioner of Commercial Ezhilagam, Chepauk, Chennai The commissioner Head of The All District Collector Commissionerate of Revenue Administration Ezhilagam, Chepauk, Chennai The District Collector Hosur Salai, Krishnagiri The District Collector Frist Agaraharam, Salem The District Collector RMS Road, Pandi Bazaar, Madurai The District Collector Kancheepuram, The District Collector Tiruvallur, Page No 1

2 11. The District Collector Vellore Vellore, The District Collector Hosur Salai, Krishnagiri The District Collector Kokirakulam, Tirunelveli The Police commissioner Spl Team - Cinema New Police Commissioner Office, Chennai The Proprietor / Manager Apsara Theatre, Poonthottam, Krishnagiri, The Proprietor / Manager KS Theatre 6, Sankari Main Rd, Linemedu, Gugai, Salem, Tamil Nadu The Proprietor/Manager Vase Theatre Dr Besant Rd, Kumbakonam, Tamil Nadu The Proprietor/Manager Amirtham Cinema Theatre Kovil Bus Stop, South Veli Street,Madurai, TN The Proprietor/Manager Jaya Cinema Theatre New Natham Road, Reserve Police Lines,Madurai, TN The Proprietor/Manager Rakki Cinema Theatre 1 Red Hills Road, Ambattur, Chennai The Proprietor/Manager Meenakshi Cinema Theatre OCF Main Road, Avadi, Chennai The Proprietor/Manager Murugan Cinema Theatre 10. O.V.Alagesan Nagar,Ambattur, Chennai The Proprietor/Manager Maharani Theatre 8/762. Thiruvottiyur High Road,Washermanpet Chennai The Proprietor/Manager Nadhamuni Theatre MTH Road, Villvakkam, Chennai The Proprietor/Manager Sri Shanmuga Theatre GNT Road, Moolakadai, Chennai 118. Page No 2

3 26. The Proprietor/Manager Bharath Theatre 40 Dr.Vijayarahavalu Road, Old Washermenpet, Chennai The Proprietor/Manager C3 Laurel Mall & Theatre 6 GST Road, Mamandur, Chennai The Proprietor/Manager Rohini cinema Theatre 141/2 PH Road, Koyembedu, Chennai The Proprietor/Managar SSR Pankajam Theatre 32, Arunachalam Road, Saligrammam,Chennai The Proprietor/Managar SRK Cinema Theatre 35/36, Kanchipuram High Road, J C K Nagar,Chengalputtu, The Proprietor/Managar Ganesh Cinema Theatre Mannerswamy Street,Kaputhur,Chennai The Proprietor/Managar Raj Theatre 20, Abdul Razack St, Saidapet, Chennai The Proprietor/Managar Sri Venkateswara Theatre S P H Road, Thiruvallur, The Proprietor/Managar Kasi Theatre Jawarlal Nehru Salai, Ashok Nagar, Chennai The Proprietor/Managar SK Marlen CinemasTheatre 18,Appavu mudali Street,Alandur, Chennai The Proprietor/Managar Parimalam CinemasTheatre (Silver Screen) Ondi Colony, Porur main road, Chennai The Proprietor/Managar Abirami CinemasTheatre Purasaiwakkam High Road, Chennai The Proprietor/Managar VenusTheatre 25A, Officer s Line, Vellore The Proprietor/Managar thirumalai Theatre Otteri arts College Road, Vellore The Proprietor/Managar Geethalay Theatre Tiruvangadam, Sankarankoil, Tirunelveli Page No 3

4 41. The Proprietor /Managar Galax Cinema Theatre Muthamizh nagar, Katpadi,Vellore The Proprietor/Managar Jothi Theatre St.Thomas Mount, Chennai 16. Respondents AFFIDAVIT OF G.DEVARAJAN I, G.Devarajan, S/o J.Gopalakrishnan (late), aged about 42 years, residing at No.25/12, Sathiyanarayan Street, Sembium, Chennai , do hereby sincerely and solemnly declare and state as follows:- 1. I beg to submit that I am residing in the above mentioned address for the past 22 years. I am also playing active role in creating awareness to the general public on many social issues as a social activist of the people in the society. I also write articles about various social issues in media & News Magazine. 2. I beg to submit that I have filed several Writ Petitions before this Hon ble Court. I am well acquainted with the facts and circumstances of this case. 3. I beg to submit that I am sending this complaint being the affected person and also a person raising my voice against the social media issues as a social activist and creating awareness to the general public. 4. I beg to submit that I have filed Crl.O.P.No of 2012, Crl.O.P.No.1395 of 2015 and W.P.No of 2015 for the relief of direction directing the respondents 1 to 5 to prevent the cinema theater owners from selling the movie tickets more than the actual price fixed by the state and the said writ petition was allowed with the direction to the respondents to create a special team to prevent the selling of film tickets at high rates. Expect those I have not filed any similar case before any other Court including this Hon ble Court for the same relief. 5. I beg to submit that being a Chennai City resident I am a frequent visitor of theatre to watch movie shows with my family to many of the theatres here in Chennai. Every time during the release of a new film the Rules set out by government is being violated by the theatre owners. Further during the release of a new film casting stars with high star value, a higher rate is being charged for the first 5 days i.e., rush days. Thereafter the rates are reduced but still above the prescribed rate as per the Rule. Theatres have no right to collect either from myself or from the public more than the government fixed price for viewing the cinema. Reason for this Writ Petition is that whenever I went to cinema theatre in my locality, I have experienced that the movie ticket charges were charged from Page No 4

5 me, more than the rate fixed by the government, such act amounts to violation of my fundamental right and aggrieved by said violation, I am filling this writ petition. 6. I beg to submit that the I have Purchased VIVEGAM Movie ticket as Reflected in tabular Colum : A and I got details from various persons regarding the purchases of movie ticket VIVEGAM and the same reflected in tabular Colum : B both the Colum A and B reveals fact that the movie tickets in all over tamilnadu in respect of the release and show of Movie VIVEGAM are sold for high rates more than the ticket rate fixed my the government. Such practice is prevailing high during 1 st four day of the release of any new movie including present movie namely VIVEGAM. Colum : A Show Date Name of Cinema Theater Abirami 7 Star Chennai C3 Laural mall Chenggalpattu Raj Saidapet,Chennai Show time Government Ticket price Theater Sales Price am pm pm Colum : B Name of Cinema Theater Government Ticket price Theater Sales price Sri Shanmuga, Moolakadi Maharani, Washermentpet MM theater Nathamuni, villwakkam Kasi Theatre, Asok nagar Shanthi theater Thanjavur Amirth cinema, Madurai Jaya cinema, Madurai Impala Multhiplex,Madurai Parimala, kundrathur Geethalya theatre Sankarankoil Galax cinema, katpadi Jothi theatre, Chennai Sakthi cinemas, Tirupur Srinivas cinemas, tirupur Arunachalam cinema Thiruvannamalai Sri balasubramaniar K.S. Theatre, Salem KK Cinema, Munjur I beg to submit that the CINEMA LICENCE is concerned The Commissioner of Police is empowered as the Licensing authority in respect of the following Page No 5

6 aspects as per the Tamil Nadu Cinemas (Regulation) Act, 1955 (Tamil Nadu Act IX of 1955) and the Tamil Nadu Cinemas Regulations rules According to Section 2(2), the District Collector in relation to the presidency town means the Commissioner of Police to implement or enforce the above act. 8. I beg to submit that on The Tamil Nadu Cinema Theatre Regulation Act, 1957 was amended by G.O. MS. No. 405 with retrospective effect from 1 st January 2007 except clause (2) (a). The amended Rule provides for the rates for admission to film theatres. It provides for the minimum and maximum rate that can be collected. 9. I beg to submit that the rates of admission to theatres located in the areas, within the Minimum and Maximum rates as detailed below: Rates of Admission A/C Theatre NonA/C Theatre Municipal Corporation Minimum Rs.10/- Rs.7/- Maximum Rs.50/- Rs.30/- Municipalities Minimum Rs.5/- Rs.4/- Maximum Rs.40/- Rs.30/- Town Pachayats Minimum Rs.5/- Rs.4/- Maximum Rs.25/- Rs.20/- Village Panchayats Minimum Rs.5/- Rs.4/- Maximum Rs.15/- Rs.10/- Chennai City Rates of Admission The maximum and minimum rates of admission to the theatre in the Multiplex provided with the following items shall be of Rs. 95/- and Rs.10/- respectively: The maximum and minimum rates of admission to the theatres in the Multiplex having more than three theaters with aircondition and with family entertainment and restaurant facilities shall be of Rs.120/- and Rs.10/- respectively. 10. I respectfully submit that the amended Rules are crystal clear as to the maximum and minimum rate that can be charged for admission to the theatres. But I had to pay more than what is prescribed as per law to obtain the theatre show tickets. This is not an isolated incident. In fact each and every purchaser of the theatre movie ticket has to spend higher amount than specified in the Rules and thus it amounts to blatant violation of Rules set out for the regulation of film exhibition. 11. I beg to submit the movie titled as VIVEGAM 2017 is going to be released on cinema theatres in Chennai and in tamilnadu, cinema theatre owners are to collect ticket chargers more than the government fixed ticket charges, therefore I made a general Written complaint to the 1.The Special Officer, Chief Page No 6

7 Minister s Special Cell,Chennai- 9. (2). The Additional Chief Secretary, Home Department,Chennai-9.(3). The Additional Chief Secretary and Commissioner,Commissionerate of Land Administration, Chennai 5 (4). The Principal Secretary and commissioner, Commissioner of Commercial tax, Chennai 5 (5). The commissioner, Head of The All District Collector,Commissionerate of Revenue Administration, Chennai 5 (6).The District Collector, Krishnagiri (7).The District Collector, Salem (8).The District Collector, Madurai (9). The District Collector, Kancheepuram, (10). The District Collector, Tiruvallur, (11). The District Collector, Vellore (12).The District Collector Krishnagiri (13).The District Collector, Tirunelveli (14). The Police commissioner, Chennai on , , and through by speed post 12. I beg to submit I have lodged the complaint to 1 to 14 respondents under the impression that they will investigate the matter, and will take proper, immediate action in this regard as the movie is going to be released. To my dismay the complaint is still pending without any action, but said all Cinema theatre owners, without any fear of law, have decided to collect charges for cinema entrance tickets illegally. 13. I beg to submit that in all my aforesaid representations I also mentioned the violation doing by the cinema theatre owners in printing the tickets, several cinema theatres have not printing the name of the theatres and ticket amount in their cinema tickets purposefully to cheat the public and the government. Moreover they had been issuing the cinema ticket in the Thermal paper purposefully to delete the illegal charging of money and apart non printing amount and the names of the theatres. And these factors would come to light in the conspectus of the entire evidence. 14. I beg to submit that the theatre owners in Chennai and although Tamilnadu by way of screening ANY NEW MOVIE CASTING BIG ACTOR by charging excess ticket costs and showing extra shows had swindled people s money. 15. I beg to submit that I reliably understand that there is a cheating practice of cinema theatre owners by collecting more than the government fixed ticket charges. Therefore I have sent compliant to all the respondents in this regards on the above mentioned dates. I have filed W.P.No of 2016 to prevent the release of movie KABALI with view to prevent such cheat practice and the said W.P. was heard and disposed by the Hon ble high court at Chennai. 16. I beg to submit that I have filed W.P. No of 2016 with the Identical Prayer against the release of the movie KABALI and the said writ petition is pending. Page No 7

8 17. I beg to submit that I have filed W.P. No of 2016 against the release of the movie SINGAM S3 and the said writ petition is pending. 18. I beg to submit that I have filed W.P. No. 492 of 2017 against the release of the movie BAIRAVAA and the said writ petition is pending. 19. I beg to submit that even though I gave representations to 1 to 14 respondent all are not gave any proper response therefore I have no other option except to approached this Hon ble Court for the relief prayed for further as the afore said malpractice is occurring during the 1 st four days of the release of new movie called VIVEGAM it is just and necessary to file this writ petition during the period of release of such movie. 20. I beg to submit since the 1 to 14 respondent forming part of SPECIAL TEAM is fail to carry regular inspection in Cinema Theaters during release of any new movie which leads to the theater owners to charge high rates even after they have fined by the said SPECIAL TEAM as because of the SPECIAL TEAM refuse to carry day to day raid in Cinema Theaters in that regard. therefore is it just and necessary to direct the respondent forming part of SPECIAL TEAM to conduct day to day inspection in cinema theatres in respect of high ticket charges and it should impose an amount of Rs.1,00,000 as penalty, per day to cinema theaters which collect high tickets rate more than rates fixed by the Government. Therefore it is most humbly prayed that this Hon ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or order or direction, based on petitioner compliant to direct the respondents 1 TO 14 herein to take action against the cinema theater owners in Chennai and Tamil Nadu whom going to collect excessive ticket charges through showing the 1 st four days new movies such as VIVEGAM etc. and to stop such cheating practice of Respondents 15 to 42 cinema theatre owners by collecting more than the government fixed Movie ticket charges and excess ticket costs, and to return the excess money charged over the cinema ticket charges fixed by the Government and pass such further or other orders as this Hon ble court may deem fit in the circumstances of the above case and thus render justice. Solemnly affirmed at Chennai On this 23 rd day of August 2017 and the contents of the were audibly read over to the deponent and explained in Tamil the understandable languages and he signed his name in my presence Before me Advocate Chennai Page No 8

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