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Chief Electrical Inspector should arrange inspection of enclosure and all required inspection to resume the functioning of theatres with a period of one month from the date of application ; High Court of Kerala

Rule 12 of the Kerala Cinemas Rules, 1988 mandates that the Chief Electrical Inspector shall arrange inspection of enclosure, cinematograph apparatus, plant and electrical installation and air conditioning installations on inspection if satisfied and give certificate to resume functioning within one month from the date of the application and same was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE N.NAGARESH in the case of PRAVEENKUMAR vs. THE CHIEF ELECTRICAL INSPECTOR (WP(C) NO. 9838 OF 2022) on 25th March, 2022.

Facts of the case are that petitioner is running a Movie Theatre, “Aroma Cinemas”, in Palakkad. Due to Covid-19 pandemic, the theatre remained closed for a long period. Consequently, in order to resume the functioning, the petitioner submitted application for Form D Certificate before the 2nd respondent Electrical Inspector, Palakkad. The Electrical Inspector as per Ext.P2 pointed out as many as 11 defects in the application and the Cinema Theatre of the petitioner, and required the petitioner to cure the defects.

 Learned counsel for petitioner submitted that the petitioner cured all the defects and submitted Ext.P5 letter to the respondent pointing out the said fact. Ext.P5 was submitted on 28.02.2022.

It is evident that the petitioner has submitted application before the 2nd respondent for Form D Certificate on 15.01.2022 and the 2nd respondent required the petitioner to cure certain defects. It is the specific case of the petitioner that the defects have been cured and the matter was informed to the 2nd respondent as per Ext.P5 dated 28.02.2022. Rule 12 of the Kerala Cinemas (Regulation) Rules, 1988 mandates that the Chief Electrical Inspector shall arrange inspection of enclosure, cinematograph apparatus, plant and electrical installation and air conditioning installations, and on inspection if satisfied, give to the applicant a Certificate in Form D annexed to the Rules, within a period of one month from the date of the application.

Court held that petitioner has cured the defects and informed the 2nd respondent on 28.02.2022. In the ordinary course, a Form D Certificate ought to have been given within one month atleast therefrom. There is considerable delay, the 2nd respondent is directed to cause inspection of the premises, if necessary, and issue Form D Certificate to the petitioner, as expeditiously as possible and at any rate, within a period of ten days.

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Judgment reviewed by – Amit Singh

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