Kerala High Court
Shjahan A vs Fasal Kallarakkal on 7 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:82973
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946
WP(C) NO. 39194 OF 2024
PETITIONER:
SHJAHAN A
AGED 32 YEARS, S/O SAIDALAVI,
KALLARAMMAL HOUSE, AIKKARAPPADI PO,
CHERUKAVU, MALAPPURAM, PIN - 673637
BY ADV K.V.SABU
RESPONDENTS:
1 FASAL KALLARAKKAL
48 YRS, S/O BASHEER,
PUTHIYA PARAMBATH KANDI HOUSE,
CHERAKKARA, THALASERY, KANNUR,
PIN - 670104
2 NOUSHAD K.M
49 YRS, S/O ABOOBACKER,
H. NO.6/277, FEBINAS, PERINGADI PO,
NEW MAHI, THALASSERY, KANNUR.
PHONE : 97466 95998, PIN - 673312
3 THE PRESIDENT
FILM CHAMBER OF COMMERCE,
M.G.ROAD, NEAR SHENOYS,
ERNAKULAM, PIN - 682035
4 THE PRESIDENT
FILM PRODUCERS ASSOCIATION,
PULLEPPADY CROSS ROAD, NORTH KALOOR,
KACHERIPADY, ERNAKULAM, PIN - 682035
WP(C) NO. 39194 OF 2024
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2024:KER:82973
5 THE PRESIDENT
FILM EXHIBITORS ASSOCIATION, (FEUOK),
ANANTHI, 3RD FLOOR, CHITTOOR ROAD,
PULLEPPADI, ERNAKULAM, PIN - 682035
6 THE CHAIRMAN
KERALA MOVIE CENSOR BOARD, KSFDC,
CHALACHITRA KALABHAVAN, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695032
7 SECRETARY TO GOVERNMENT
DEPARTMENT OF CULTURE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39194 OF 2024
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JUDGMENT
Dated this the 7th day of November, 2024 The petitioner claims to be the Director of a Malayalam movie named "Jameelante Poovankozhi". The petitioner's grievance is regarding issuance of censorship certificate for the movie, without including his name. The writ petition is hence filed seeking the following reliefs:
i. Issue writ of mandamus, direction or order directing the respondents 1 to 5 not to release the Malayalam movie titled as JAMEELANTE POOVANKOZHI on 8.11.2024.
ii. Issue writ of certiorari, or order directing the respondents 6 and 7 to call for the records in the production of Malayalam movie named Jameelante Poovankozhi and direct the respondents 1 and 2 to settle the issue before the general release of the said movie.
iii. Issue such other orders as is necessary for the fair disposal of the case.
And
iv) Dispense with the filing of the translation of vernacular documents.
2. Heard, learned Counsel for the petitioner and the learned Government Pleader.
3. The procedure for issuance of censor WP(C) NO. 39194 OF 2024 4 2024:KER:82973 certificate is contained in the Cinematograph Act, 1952. Section 5C of the Act provides for an appeal to the High Court by any person applying for certificate in respect of a film, if he/she is aggrieved by the order of the Censor Board. Section 5E empowers the Central Government to suspend a censorship certificate granted under the Act for reasons mentioned in the provision. Therefore, the petitioner has efficacious alternative remedies under the Cinematograph Act. Moreover, the factual dispute involved cannot be resolved in a proceeding under Article 226 of the Constitution.
The writ petition is hence dismissed, without prejudice to the petitioner's right to seek reliefs under the provisions of the Cinematograph Act or the civil court.
Sd/-
V.G.ARUN JUDGE ARK WP(C) NO. 39194 OF 2024 5 2024:KER:82973 APPENDIX OF WP(C) 39194/2024 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PARTNERSHIP DEED DT.12.10.2021 EXECUTED BETWEEN THE PETITIONER AND 1ST AND 2ND RESPONDENTS EXHIBIT P2 A COPY OF THE COMPLAINT DT.21.8.2024 FILED BEFORE THE SHO, PALARIVATTOM POLICE STATION EXHIBIT P3 COPY OF ACKNOWLEDGEMENT DT.21.8.2024 RECEIVED FROM THE PALARIVATTOM POLICE STATION EXHIBIT P4 COPY OF THE COMPLAINT FILED BEFORE THE CITY POLICE COMMISSIONER DT.29.8.2024 EXHIBIT P5 COPY OF ACKNOWLEDGEMENT DT.29.8.2024 RECEIVED FROM THE OFFICE OF CITY POLICE COMMISSIONER EXHIBIT P6 A COPY OF THE COMPLAINT DT.21.9.2023 FILED BEFORE THE CHAMBER OF COMMERCE EXHIBIT P7 COPY OF THE COMPLAINT DT.21.9.2023 FILED BEFORE THE KERALA FILM PRODUCERS ASSOCIATION EXHIBIT P8 COPY OF THE COMPLAINT DT.21.9.2023 FILED BEFORE THE FEFCA DIRECTORS UNION EXHIBIT P9 A COPY OF THE PROMOTIONAL PAMPHLET OF THE FILM JAMEELANTE POOVANKOZHI EXHIBIT P10 A COPY OF THE EMAIL COMMUNICATION DT.4.11.2024 SENT TO A GROUP EXHIBIT P11 A COPY OF SCREENSHOT OF TEASER 1