Karnataka High Court
Sri. Kuppan Ganeshan vs Union Of India on 19 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:2676
WP No. 1487 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 1487 OF 2024 (C)
BETWEEN:
SRI. KUPPAN GANESHAN,
S/O. KUPPAN,
AGED ABOUT 58 YEARS,
FILM PRODUCER PRABHAKARAN MOVIES,
NO.12/1, CONNAUGH ROAD,
QUEENS ROAD CROSS,
BENGALURU - 560 052.
...PETITIONER
(BY SRI. G.R. MOHAN, ADVOCATE)
AND:
1. UNION OF INDIA,
MINISTRY OF INFORMATION AND BROADCASTING
'A' WING, SHASTRI BHAVAN,
NEW DELHI -110 001.
BY ITS SECRETARY
Digitally
signed by 2. THE CHAIRPERSON,
VANDANA S CENTRAL BOARD OF FILM CERTIFICATION,
Location: FILMS DIVISION COMPLEX PH1 BUILDING,
HIGH 9TH FLOOR, DR. G. DESHMUKH MARG,
COURT OF MUMBAI - 400 026.
KARNATAKA
3. THE REGIONAL OFFICER,
CENTRAL BOARD OF FILM CERTIFICATION,
POST BOX NO.36,
KENDRIYA SADAN, 4TH FLOOR,
'D' WING, 17TH MAIN,
KORAMANGALA
BENGALURU -560 034.
...RESPONDENTS
(BY SRI. SADHANA KS. DESAI, CGC)
-2-
NC: 2024:KHC:2676
WP No. 1487 of 2024
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE
RESPONDENTS TO ISSUE THE FILM CERTIFICATION OF THE
KANNADA FEATURE FILM BY NAME MAY 18 UNDER THE BANNER
PRABHAKARAN MOVIES, STORY, SCREENPLAY AND DIRECTED
BY HIMSELF, STARRING DHANYA, SUBHAS AND OTHERS, WITH
MUSIC BY EMINENT MASTER SRI. ILLAYARAJA WITH DATE OF
FILM CERTIFICATION BEING 31/12/2023 AS PER THE GUIDELINES
UNDER THE CINEMATOGRAPH ACT, 1952 AND CINEMATOGRAPH
(CERTIFICATION) RULES, 1983 BY CONSIDERING HIS
REPRESENTATION TO THE RESPONDENTS DATED 02/01/2024
THROUGH EMAIL AS PER ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:
"A. Issue a Writ of Mandamus or Directions to the Respondents to issue the Film Certification of the Kannada Feature Film by Name 'MAY 18' under the banner Prabhakaran Movies, Story, Screenplay and Directed by himself, Starring Dhanya, Subhas and others, with Music by Eminent Master Sri Ilayaraja with date of Film Certification being 31.12.2023 as per the Guidelines under the Cinematograph Act, 1952 and Cinematograph (Certification) Rules, 1983 by considering his representation to the Respondents dated 02.01.2024 through Email as per Annexure 'E';
B. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity".
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. -3-
NC: 2024:KHC:2676 WP No. 1487 of 2024
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that pursuant to the respondent No.3 issuing the communication dated 29.12.2023, the petitioner has submitted his reply vide Annexure-D which was followed by an E-mail dated 02.01.2024 requesting the respondent No.2 to issue certificate under the Cinematograph Act, 1952 to exhibit his film 'MAY 18' (Kannada). It is submitted that the petitioner intends to submit the said film for the purpose of screening the aforesaid movie in the film festival and the last date for the same would expire on 31.01.2024 and as such, there is an urgency in the matter.
4. Per contra, learned counsel for the respondents submit that if reasonable time is granted, respondents would consider and take appropriate decision / pass appropriate orders on Annexures - D and E in accordance with law.
5. In view of the aforesaid facts and circumstances and in the light of the circular dated 18.10.2023, I deem it just and appropriate to dispose of this petition directing the respondent No.3 to address the grievances of the petitioner and consider and pass -4- NC: 2024:KHC:2676 WP No. 1487 of 2024 appropriate orders / take appropriate decision on the representation of the petitioner regarding issuance of certificate in favour of the petitioner under the provisions of the Cinematograph Act, 1952 in accordance with law on or before 23.01.2024.
Sd/-
JUDGE DHA List No.: 2 Sl No.: 32