Kerala High Court quashes order to close D Cinemaas
The reason cited that it was operating the generator motor without the permission from the council was a vague allegation.
Kochi: Kerala High Court has set aside Chalakkudy Municipality's closure order issued against Dileep's D Cinemaas. It also found there was no prior notice served.
A single judge held that the multiplex had obtained necessary licence, permission and sanctions. It also had the consent from Pollution Control Board.
Allowing the appeal of P. Sivakumar, known as Anoop, the jailed star's brother, the court observed that the municipal council had no power to cancel the licence since the right solely lies with its secretary, who granted the licence to the multiplex functioning since December 2014. The municipality, meanwhile, submitted that the D and O licence issued for operating the multiplex had expired on March 31. Under section 532 (5) and section 50 (2) of the Municipalities Act, the secretary is empowered to delegate any of his functions to any officer or employee of the municipality. The petitioner argued that the closure based on an authorisation letter was illegal. The reason cited that it was operating the generator motor without the permission from the council was a vague allegation. There was no imminent threat to anyone which warranted an emergent closure of the theatre complex that too on Friday night, he argued.