Sakthi Talikes (Dindigul) Ltd. vs The District Collector cum Licensing Authority Collectorate

P. Sathasivam, J.—The above writ appeal is directed against the order of the learned single Judge dated 15-9-2003 passed in W.P. No. 19267 of 2003 in and by which, the learned Judge modified the punishment imposed by the Licensing authority, viz. suspension of ''C'' Form licence of the appellant/petitioner''s theatre for a period of five days as payment of fine of Rs. 15,000/-.

Heard the learned Counsel appearing for the appellant as well as the learned Government Advocate for the respondent.

Learned Counsel for the appellant/petitioner mainly contended that though on the suggestion of the appellant/petitioner, the learned single Judge has modified the punishment and ordered payment of fine of Rs. 15,000/-, considering the various circumstances including the average profit earned by the appellant is around only Rs. 1000/- per day seeks modification of the said direction. While elaborating the above contention, it is brought to our notice that at the relevant time, the appellant''s theatre was an old and non-air conditioned. According to the learned Counsel, the average daily attendance inclusive of all the four shows is only around Rs. 250/-. He further points out that while the highest class in the appellant''s theatre is only Rs. 14.75, the lowest class is Rs. 1.75 and the daily average profit is Rs. 1,000/-.

Taking note of the above factual details, we are of the view that ends of justice would be met by modifying the direction of the learned single Judge. Accordingly, we modify the order passed by the learned single Judge and direct the appellant/petitioner to pay the sum of Rs. 7,500/- in lieu of the punishment of suspension of ''C'' Form licence for five days as ordered by the Licensing authority. The appellant is granted four weeks'' time from today for payment of the said amount to the Licensing authority. It is made clear that in case the appellant fails to comply with the above direction, he has to close the theatre for the period of five days as ordered by the Licensing authority.

The order of the learned single Judge is modified to the above extent. The writ appeal is ordered accordingly. No costs. Connected miscellaneous petition is closed.