IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10708 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- SANTHOSH GEORGE KULANGARA, LABOUR INDIA PUBLICATIONS LTD., MARANGATTUPILLY.P.O, KOTTAYAM DISTRICT - 686 635. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. CENTRAL BOARD OF FILM CERTIFICATION, REPRESENTED BY THE CHAIRMAN, CENTRAL BOARD OF FILM CERTIFICATION, MINISTRY OF INFORMATION AND BROAD CASTING, NEW DELHI - 110 001. 2. THE ADDITIONAL REGIONAL OFFICER, CENTRAL BOARD OF FILM CERTIFICATION, REGIONAL OFFICE, IST FLOOR, CHALACHITRA, KALABHAVAN, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. 3. THE DIRECTOR, NATIONAL FILM AWARDS, DIRECTORATE OF FILM FESTIVALS, MINISTRY OF INFORMATION AND BROAD CASTING, SIRIFOPRT AUDITORIUM COMPLEX, AUGUST KRANTI MARG, NEW DELHI - 110 049. R1 O R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 10708 OF 2011 ===================== Dated this the 4th day of April, 2011 J U D G M E N T Petitioner is the Producer, Writer and Director of the film “Chandrayaan”. The film was produced in the year 2010. According to the petitioner, the film was submitted to the respondents for certification on 27/12/2010. Though the film was also examined by the Committee under respondents 1 and 2 on 29/12/2010 itself, Ext.P1 certificate under Section 5A of the Cinematograph Act was issued only on 7/2/11. 2. Petitioner wanted to submit the film as an entry in the 58th National Film Awards, 2010. The regulations governing the Film Awards 2010 are Ext.P3. Clause 10(c) of Ext.P3 states that the film should have been certified by the Central Board of Film Certification between 1st January 2010 and 31st December, 2010. As a result of the above provision and since Ext.P1 certificate was issued to the petitioner only on 7/2/11, the petitioner apprehends that the film will not be accepted as an eligible entry. 3. The contention of the petitioner is that he having submitted the film for certification in December, 2010 itself, the WPC No. 10708/11 :2 : delay on the part of the authorities in issuing the certificate cannot be to his detriment. On this basis, it is contended that the petitioner is entitled to have his film treated as qualified to be an entry for 58th National Film Awards, 2010. Contending for the above, he has submitted Ext.P5 before the 3rd respondent. There was no response to that representation. It is in these circumstances, the writ petition is filed. 4. When the matter was taken up for hearing, apart from urging the aforesaid contentions, counsel for the petitioner also made reference to Ext.P2, the certificate issued by the 2nd respondent to the effect that the film was examined/reviewed on 29/12/2010. 5. Clause 27 of Ext.P3 provides that the decision of the Government of India in respect of matters covered by the regulations and the interpretation of the regulation shall be final. Therefore, if the petitioner has a case that under the regulations and in view of the provisions of the Cinematograph Act, he is entitled to have his film exhibited for 58th National Film Awards, 2010, instead of the 3rd respondent, it was the Government of India which ought to have been moved by the petitioner. WPC No. 10708/11 :3 : 6. Therefore, I dispose of this writ petition leaving it open to the petitioner to move the Competent Authority under the Government of India viz., Secretary to Government, Ministry of Information and Broadcasting, Government of India for his decision under Clause 27 of Ext.P3. It is ordered that if any such representation is made within 10 days from today, the same will be dealt with by the said authority within 3 weeks thereafter. Petitioner shall produce a copy of this judgment along with a copy of this writ petition and the representation to be filed before the competent authority under the Government of India for compliance. ANTONY DOMINIC, JUDGE Rp