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Madras High CourtWP/2445/2013dismissed as infructuous

Rajkamal Films v. Government Of Puducherry

2021-10-25Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.2445 OF 2013 AND M.P.NOS.1 TO 3 OF 2013

1. Rajkamal Films International, Rep. by its Partner, S.Chandrahasan.

2. S.Chandrahasan ... Petitioners .Vs.

1. The Government of Puducherry, Rep. by the Chief Secretary to Government, Puducherry.

2. The District Magistrate/District Collector, Puducherry.

3. The Union of India, Rep. by the Secretary to Government, Ministry of Information and Broadcasting, 560, 'A' Wing, Shastri Bhavan, New Delhi - 110 001.

4. The Central Board of Film Certification, Rep. by its Chairperson, Bharat Bhavan, 91-E, Walkeswar Road, Mumbai.

5. The Superintendent of Police (C&I).

Puducherry.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent comprised in its order dated 24.01.2013 passed under Section 144 of Cr.P.C. and quash the same as being without jurisdiction and being unconstitutional and as infringing the petitioner's

constitutional rights guaranteed under Articles 14, 19 (1)(a) and 21 of the Constitution of India and consequently issue a mandamus forbearing the respondents, their officers, subordinates, employees, or any other persons and/or authorities acting or claiming under the respondents from in any manner interfering with the petitioner's exercise of their constitutional rights, including under Articles 14, 19 and 21 of the Constitution of India by release of the feature film 'VISHWAROOPAM/VISHWAROOP' in Tamil, Telugu and Hindi languages. For Petitioners :

Mr.Rahul Balaji For R1, R2 & R5 :

Mr.J.Kumaran Additional Government Pleader (Puducherry) For R3 & R4 :

No appearance

O R D E R

(Through Video Conferencing) The relief sought for in the writ petition is to call for the records of the 2nd respondent, dated 24.01.2013, passed under Section 144 of Cr.P.C. and quash the same as being without jurisdiction and being unconstitutional and as infringing the petitioner's constitutional rights guaranteed under Articles 14, 19 (1)(a) and 21 of the Constitution of India and consequently, issue a mandamus forbearing the respondents from in any manner interfering with the petitioner's exercise of their constitutional rights, including under Articles 14, 19 and 21 of the Constitution of India by release of the feature film 'VISHWAROOPAM/VISHWAROOP' in Tamil, Telugu and Hindi languages.

2. The learned counsel for the petitioner made a submission that, during the pendency of the writ petition, the movie was released. Thus, the cause did not exist as of now.

3. Therefore, no further adjudication is required and accordingly, the writ petition stands disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

jeni/mkn To 1.

The Chief Secretary to Government, Government of Puducherry Puducherry.

2.

The District Magistrate/District Collector, Puducherry.

3.

The Secretary to Government, Union of India, Ministry of Information and Broadcasting, 560, 'A' Wing, Shastri Bhavan, New Delhi - 110 001.

4.

The Chairperson, The Central Board of Film Certification, Bharat Bhavan, 91-E, Walkeswar Road, Mumbai.

5.

The Superintendent of Police (C&I).

Puducherry.

+1cc to the Government Pleader, S.R.No.54817 W.P.NO.2445 OF 2013 NMI(CO) PBS/17/11/2021