MADURAI: The Madurai Bench of Madras High Court on Friday granted time to the state government till January 11 to reconsider its decision permitting theatres to open at full capacity.
A division bench comprising Justices MM Sundresh and S Ananthi added that the occupancy in threatres should continue to be 50% till then. They further directed the government to come up with solutions to mitigate the theatre owners' losses like increasing the number of shows permitted per day among others. The matter was adjourned to January 11.
The directions were issued on a batch of Public Interest Litigations (PILs) filed by three persons including two advocates, challenging the state government’s G.O. dated January 4, 2021 allowing 100 percent occupancy in theatres amid pandemic.
A common apprehension voiced by the litigants -- a Madurai resident A Bonyface and advocates S Muthukumar and A Ramkumar Adityan -- was that when the country is facing threat from a new strain of coronavirus, the state government’s decision would put the lives of people at risk. The decision was taken despite the strict guidelines issued by the central government that the seating capacity in theatres and multiplexes should not exceed 50 percent or 200 persons, they pointed out.
Assistant Solicitor General L Victoria Gowri also submitted that the Union Ministry of Home Affairs sent a communication to the state government on January 5, reiterating that all guidelines and Standard Operating Procedures (SOPs) issued in view of the pandemic should be strictly complied without any dilution.
However, a counsel appearing for the Tamil Nadu Theatre and Multiplex Owners Association prayed to the judges to consider the plight of theatre owners and workers. “We have already suffered a severe loss due to the lockdown and the government doesn’t permit increasing of ticket charges too,” he cited. At this juncture, litigant Muthukumar’s counsel suggested that the government may increase the number of shows instead of increasing the seating capacity.
Hearing the submissions, the judges opined that the Tamil Nadu government ought not to have issued the G.O. when it knows the impact and binding nature of guidelines issued by a National Authority under Disaster Management Act, 2005 on a state government.
Since the Additional Advocate General (AAG) Sricharan Rangarajan, appearing on behalf of the state, submitted that the TN government is reconsidering its decision based on the Centre’s communication and sought time, the judges adjourned the matter to January 11, adding that the seating capacity should be maintained within 50 percent in the meantime.
They also directed the government to come up with solutions to address the problems of theatre owners as well, to which the AAG replied that it is under consideration.