Vijeesh Mani vs Union Of India
2023 Latest Caselaw 10581 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                          WP(C) NO. 32252 OF 2023
PETITIONERS:

     1       VIJEESH MANI,
             AGED 46 YEARS
             S/O. VIJAYAMANI, POOKKOTTIL HOUSE, ALUMPADI CHAVAKKAD,
             THRISSUR DISTRICT, PIN - 680506
     2       SOHAN ROY,
             AGED 56 YEARS
             S/O KALIKULATHU RAMAN KRISHNANSREEVILAS, AICKARAKONAM,
             KAKKODU P.O, PUNALUR, VALACODE(PART), KOLLAM, PIN -
             691331
             BY ADVS.
             M.S.UNNIKRISHNAN
             ALEENA MARIA JOSE
             M.ARDRA KRISHNAN


RESPONDENTS:

     1       UNION OF INDIA,
             REPRESENTED BY ITS SECRETARY,MINISTRY OF INFORMATION AND
             BROADCASTING ROOM NO 552, A WING SHASTRI BHAWAN, NEW
             DELHI, PIN - 110001
     2       NATIONAL FILM DEVELOPMENT CORPORATION ( NFDC) /
             INTERNATIONAL FILM FESTIVAL OF INDIA,
             REPRESENTED BY ITS DIRECTOR, MINISTRY OF INFORMATION AND
             BROADCASTING SIRI FORT AUDITORIUM COMPLEX, AUGUST KRANTI
             MARG, NEW DELHI, PIN - 110049
     3       TANU RAI,
             DEPUTY DIRECTOR, NATIONAL FILM DEVELOPMENT
             CORPORATION(NFDC)/ INTERNATIONAL FILM FESTIVAL OF INDIA,
             MINISTRY OF INFORMATION AND BROADCASTING SIRI FORT
             AUDITORIUM COMPLEX, AUGUST KRANTI MARG, NEW DELHI, PIN -
             110049
             SRI. S.MANU, DSGI
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32252 OF 2023
                                      2



                                 JUDGMENT

When this matter was called today, the

learned Deputy Solicitor General of India -

Sri.S.Manu, submitted that since the 2nd

respondent - 'National Film Development

Corporation' (NFDC) has rejected the request of

the petitioners, for their film in question to

be included in the 'Indian Panorama - 54th

International Film Festival, Goa' to commence

in November, 2023, their remedy is to approach

the Secretary, Ministry of Information and

Broadcasting, Government of India, as per Clause

12 of Ext.P1 Regulations. He pointed out that

the primary reason why the petitioners' request

has been rejected by the 2nd respondent - NFDC,

is that the film in question has been produced a

year earlier; and hence not within the time WP(C) NO. 32252 OF 2023

frame fixed for inclusion in the Film Festival.

2. The learned counsel for the petitioners,

Sri.M.S.Unnikrishnan, submitted that, since

Ext.P1 mandates the parties to appear before the

Secretary, Ministry of Information and

Broadcasting, for dispute resolution, his client

is willing to do so; however, requesting that

liberty may be left to them to approach this

Court again, if so required in future.

In the afore circumstances, I dispose of

this writ petition, granting liberty to the

petitioners to invoke Clause 12 of Ext.P1

Regulations; and if this is done within a period

of two weeks from the date of receipt of a copy

of this judgment, the Secretary, Ministry of

Information and Broadcasting, Government of

India, will consider the same, after affording

them and the competent officials of 'NFDC' an WP(C) NO. 32252 OF 2023

opportunity of being heard; thus culminating in

an appropriate order and necessary action

thereon, as expeditiously as is possible, but

not later than ten days thereafter.

Needless to say, since I have not entered

into the merits of any of the rival contentions,

all of them are left open, as also the liberty

of the petitioner to approach this Court again

in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 32252 OF 2023

APPENDIX OF WP(C) 32252/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REGULATIONS FOR THE INDIAN PANORAMA, 2023 DATED NIL Exhibit P2 TRUE COPY OF THE ONLINE FORM, FORM IP-1 SUBMITTED BY THE PETITIONERS ON 8.08.2023 AT 3.08 PM Exhibit P3 TRUE COPY OF THE AUTHORISATION LETTER IN FORM IP- II DATED 7.8.2023 Exhibit P4 TRUE COPY OF THE DECLARATION GIVEN BY THE 2ND PETITIONER DATED 27.8.2023 Exhibit P5 A TRUE COPY OF THE TRANSACTION RECEIPT WITH REF. NO. 0408230029517 SHOWING THE DEPOSIT OF RS.11,800 (ELEVEN THOUSAND EIGHT HUNDRED ONLY) FOR AADHIVAASI (MUDUGA) FEATURE FILM DATED 04.08.2023.

Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CENTRAL BOARD OF FILM CERTIFICATION WITH CERTIFICATE NO. DIL/1/58/2022-THI DATED 19.09.2022 Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED BY THE DTDC COURIER SERVICE SHOWING THAT THE 2ND PETITIONER HAS SENT THE HARD COPIES OF THE SUBMITTED ONLINE APPLICATION ON 16.08.2023 Exhibit P8 TRUE COPY OF THE TRACKING STATUS OF THE DTDC COURIER EVIDENCING SUCCESSFUL DELIVERY ON 18.08.2023