M/S Cosmos Entertainments vs The Regional Officer

Citation : 2025 Latest Caselaw 1075 Ker
Judgement Date : 16 July, 2025

Kerala High Court

M/S Cosmos Entertainments vs The Regional Officer on 16 July, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                               2025:KER:52554


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947

                    WP(C) NO. 23326 OF 2025

PETITIONER:

         M/S COSMOS ENTERTAINMENTS
         REPRESENTED BY J PHANINDRA KUMAR,
         PROPRIETOR, AGED 57 YEARS
         FLAT NO-3, EASWARI CHINNIDALE,
         EW NO.5, VIDYODAYA MAIN ROAD, T.ROAD,
         CHENAI, TAMIL NADU, PIN - 600017.

         BY ADVS.
         SRI.ANAND B. MENON
         SRI.HARIS BEERAN
         SHRI.AZHAR ASSEES
         SRI.NABIL KHADER




RESPONDENTS:

    1    THE REGIONAL OFFICER
         CENTRAL BOARD OF FILM CERTIFICATION,
         1ST FLOOR, CHITHRANJALI STUDIO COMPLEX,
         THIRUVALLUM, THIRUVANANTHAPURAM, PIN - 695027.

    2    THE CHAIRMAN
         CENTRAL BOARD OF FILM CERTIFICATION,
         FILMS DIVISION COMPLEX, PHASE I BUILDING,
         9TH FLOOR, DR.G.DESHMUKH MARG, MUMBAI,
         PIN - 400026.
 W.P.(C)Nos.23326 &
24256 of 2025
                           :2:
                                            2025:KER:52554

    3    JOINT SECRETARY (P & A),
         MINISTRY OF INFORMATION AND BROADCASTING,
         GOVERNMENT OF INDIA, ROOM NO.552, A WING,
         SHASTHRI BHAVAN, NEW DELHI, PIN - 110001.


         BY ADVS.
         SRI.S.BIJU, SR.PANEL COUNSEL
         SMT. O.M.SHALINA, DSGI


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.07.2025, ALONG WITH WP(C).24256/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.23326 &
24256 of 2025
                               :3:
                                               2025:KER:52554


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947

                     WP(C) NO. 24256 OF 2025

PETITIONER:

         COSMOS ENTERTAINMENTS
         REPRESENTED BY J PHANINDRA KUMAR,
         AGED 57 YEARS, PROPRIETOR, FLAT NO-3,
         EASWARI CHINNIDALE, EW NO.5,
         VIDYODAYA MAIN ROAD, T.ROAD, CHENAI,
         TAMIL NADU, PIN - 600017.

         BY ADVS.
         SRI.ANAND B. MENON
         SRI.HARIS BEERAN
         SRI.NABIL KHADER



RESPONDENTS:

    1    THE REGIONAL OFFICER
         CENTRAL BOARD OF FILM CERTIFICATION,
         1ST FLOOR, CHITHRANJALI STUDIO COMPLEX,
         THIRUVALLUM, THIRUVANANTHAPURAM,
         PIN - 695027.

    2    THE CHAIRMAN
         CENTRAL BOARD OF FILM CERTIFICATION,
         FILMS DIVISION COMPLEX, PHASE I BUILDING,
         9TH FLOOR, DR.G.DESHMUKH MARG, MUMBAI,
         PIN - 400026.
 W.P.(C)Nos.23326 &
24256 of 2025
                           :4:
                                             2025:KER:52554

    3    JOINT SECRETARY (P & A)
         MINISTRY OF INFORMATION AND BROADCASTING,
         GOVERNMENT OF INDIA, ROOM NO.552, A WING,
         SHASTHRI BHAVAN, NEW DELHI, PIN - 110001.


         BY ADVS.
         SRI. S.BIJU, SENIOR PANEL COUNSEL
         SMT. O.M.SHALINA, DSGI

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.07.2025, ALONG WITH WP(C).23326/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)Nos.23326 &
24256 of 2025
                                :5:
                                                  2025:KER:52554



                        JUDGMENT

Dated this the 16th day of July, 2025 [WP(C) Nos.23326 and 24256 of 2025] Read interim order dated 09.07.2025.

2. It is stated that the petitioner has submitted the modified version of the movie and the Central Board of Film Certification has issued Certificate on 11.07.2025. The prime grievance of the petitioner now stands redressed.

3. Counsel for the petitioner submitted that releasing of the Teaser of the movie and other advertisement materials with the earlier name of the movie can give rise to future legal complications.

4. It is made clear that in view of the peculiar circumstances in which the revised version of the movie is now being granted the Censor Certificate, it is declared that using of W.P.(C)Nos.23326 & 24256 of 2025 :6: 2025:KER:52554 materials / Teasers with the old name by the petitioner shall not, in any manner, adversely affect the petitioner in any legal disputes and no claim in that regard will be maintainable against the petitioner by any party.

The writ petitions are disposed of as above.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)Nos.23326 & 24256 of 2025 :7: 2025:KER:52554 APPENDIX OF WP(C) 23326/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TITLE REGISTRATION CERTIFICATE OF THE FILM DATED 06.06.2025.

Exhibit P2 A TRUE COPY OF THE FILM CERTIFICATION APPLICATION NO.CA091106202500085 DATED 12.06.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE CERTIFICATION.

Exhibit P3 A TRUE COPY OF THE CENSOR CERTIFICATE NO. DIS/7/11/2025-THI DATED 28.03.2025 ISSUED BY THE RESPONDENTS FOR THE TEASER OF THE FILM.

Exhibit P4 A TRUE COPY OF THE SCREENSHOT OF THE PORTAL.

RESPONDENT ANNEXURE Annexure R1(a) TRUE COPY OF NOTICE NO.

CA091106202500085 DATED 27.06.2025 ISSUED BY REGIONAL OFFICER, CENTRAL BOARD OF FILM CERTIFICATION, THIRUVANANTHAPURAM TO MR. J PHANINDRA KUMAR.

W.P.(C)Nos.23326 & 24256 of 2025 :8: 2025:KER:52554 APPENDIX OF WP(C) 24256/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE TITLE REGISTRATION CERTIFICATE OF THE FILM DATED 06.06.2025.

Exhibit P2 A TRUE COPY OF THE CENSOR CERTIFICATE NO. DIS/7/11/2025-THI DATED 28.03.2025 ISSUED BY THE RESPONDENTS FOR THE TEASER OF THE FILM.

Exhibit P3 A TRUE COPY OF THE FILM CERTIFICATION APPLICATION NO.CA091106202500085 DATED 12.06.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P4 A TRUE COPY OF THE LETTER DATED 27.06.2025 RECEIVED THROUGH E-MAIL FROM THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE GUIDELINES FOR CERTIFICATION OF FILMS FOR PUBLIC EXHIBITION VIDE S.O. NO. 836(E) DATED 06.12.1991 ISSUED BY THE CENTRAL GOVERNMENT.

Exhibit P6 A TRUE COPY OF THE GAZETTE NOTIFICATION ON THE TRIBUNALS REFORMS ACT, 2021 DATED 13.08.2021, ISSUED BY THE MINISTRY OF LAW AND JUSTICE.