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Madras High CourtWP/18307/2025disposed of

G.Kanalarasan v. The Central Board Of Film Certification

2025-05-15Honourable Mr Justice G. R. Swaminathan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-05-2025

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN WP No. 18307 of 2025 AND WMP NO. 20506 OF 2025,WMP NO. 20508 OF 2025 G.Kanalarasan S/o. J.Gurnathan Alias Maaveeran Kaduvetti Guru, Door No. 2/15 A1, South Street, Kaduvetti Village Padanilai Post, Udayarpalayam Taluk, Ariyalur District.

... Petitioner Vs

1. The Central Board Of Film Certification Shastri Bhavan, 35, Haddows Road, Chennai - 600 006 2.The Ministry Of Information And Broadcasting Room No.552, A Wing, Shastri Bhavan New Delhi- 110 001.

3.V.Gowthaman S/o. Vadamalai No.97, Amman Nagar, 1st Street Thiruverkadu Chennai - 600 077 Also At VSR Nagar Main Road Maduravoyal Chennai - 600 095 ... Respondent(s) PRAYER Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the 1st respondent to grant opportunity of hearing to the petitioner to put forth his objections before the certification of the movie produced and directed by the 3rd respondent presently titled as 'Padayaanda Maaveera' or in any subsequent titles.

For Petitioner :

Mr.N.Baaskaran For Respondents:

Mr.M.Sathyan Standing Counsel for RR 1 and 2

ORDER

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 and 2. Considering the nature of relief to be granted, issuance of notice to the third respondent is dispensed with.

2. The third respondent herein had proposed a movie titled "Padayaanda Maaveera". It appears to be a biopic of the petitioner's father. The petitioner had earlier filed O.S.No.2332 of 2023 to restrain the Censor Board (Central Board of Film Certification) from granting certification for the said movie. According to the petitioner, the movie presents his father in a poor light and its contents are defamatory.

3. The suit is still pending. In the meanwhile, the third respondent herein filed W.P.No.16703 of 2025 for directing the Censor Board to grant permission to release the movie. The writ petition was disposed of on 29.04.2025 with a direction to the Censor Board to consider the issue of certifying the film about the petitioner's father, as expeditiously as possible, in any event not later than 20.05.2025 and pass orders in accordance with law.

4. It is in this factual background, the present writ petition has been filed for directing the Censor Board to grant the petitioner an opportunity of hearing to put forth his objections.

5. The writ petitioner has not drawn my attention to any statutory provisions, 2/5

which confers a right of personal hearing to an objector before the Censor Board goes into the issue of certification of the movie. Secondly, the petitioner having already filed a civil suit, ought to have obtained appropriate relief only before the Civil Court. He cannot be allowed to abandon the civil proceedings mid stream and seek a writ remedy instead.

6. When a learned Judge of this Court has imposed timeline, any direction by this Court may possibly work at cross purposes. If I direct the respondents to consider the objections of the petitioner and he drags on the proceedings, it would certainly frustrate the direction given earlier. However, taking into account the overall facts and circumstances, I direct the Censor Board to take into account the representation dated 06.05.2025 submitted by the petitioner to the Censor Board. I am not calling upon the Censor Board to pass any speaking order on the petitioner's objections. I am only directing them to consider the same while certifying the movie. 7.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 15-05-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes Note : Issue Order copy on 20.05.2025.

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To 1.The Central Board Of Film Certification Shastri Bhavan, 35, Haddows Road, Chennai - 600 006 2.The Ministry Of Information And Broadcasting Room No.552, A Wing, Shastri Bhavan New Delhi- 110 001.

3.V.Gowthaman S/o. Vadamalai No.97, Amman Nagar, 1st Street Thiruverkadu Chennai - 600 077 Also At Vsr Nagar Main Road Maduravoyal Chennai - 600 095 4/5

G.R.SWAMINATHAN J.

KST WP No. 18307 of 2025 15-05-2025 5/5