TMI Blog2004 (3) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... rules to carry out the purposes of the Act. Section 11 of the Act reads as under: 11. Power to exempt.-The Government may, by order in writing exempt, subject to such conditions and restrictions as they may impose any cinematograph exhibitions or class of cinematograph exhibitions or any place where a cinematograph exhibition is given from any of the provisions of this Act or of any rules made thereunder. IN exercise of the power conferred by the Act, the State of Tamil Nadu has framed the Tamil Nadu Cinemas (Regulation) Rules, 1957 . Rule 14 thereof reads as under: 14. (1) There shall be no restriction to the grant of licences to permanent and touring cinemas on the basis of population in any place, except towns with a po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a travelling cinema within the distance specified in this clause from the nearest permanent cinema: Provided further that a travelling cinema may be allowed to complete its full term of five years even if a permanent cinema comes up within the distance specified in this clause; (b) The distance between any two travelling cinemas shall not be less travelling than 0.402 km: Provided that the Government for reasons to be recorded in writing may permit a travelling cinema within the distance specified in this clause from the nearest travelling cinema. (c) There shall be no restriction in regard to the distance between one permanent cinema and another permanent cinema. It appears that the appellant's touring cinema was gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. In our opinion, the Division Bench of the High Court was not right in forming the opinion which it has done. The power to grant permission has been specifically conferred on the Government by the proviso inserted to Rule 14 by GO No. 1326 dated 6-9-1995. It is noteworthy that in an earlier round of litigation initiated by Respondent 1 the constitutional validity of GO No. 1326 dated 6-9-1995 was upheld. Merely because Section 11 of the Act was not specifically referred to in the order dated 30-10-1995 that could not have been a ground for setting aside the permission dated 30-10-1995. It is well settled that if an authority has a power under the law merely because while exercising that power the source of power is not specifically re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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