JOSEPH GEORGE Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner is the proprietor of 'Appu Pathu Pappu Production House' engaged in the production of cinematographic films. The petitioner paid the title registration fee of Rs.1,000.00 for the title 'PANI', as evidenced by Ext.P1 receipt dtd. 26/5/2023 issued by the Kerala Film Chamber of Commerce. The petitioner submitted Ext.P2 application dtd. 21/9/2023 before the 4threspondent Devaswom Officer [sic: Devaswom Manager], Sree Vadakkunnathan Devaswom, which is under the management of the 1strespondent Cochin Devaswom Board, seeking permission to shoot a few scenes of the film 'PANI' in Sree Vadakkunnathan Kshethra Maidan. Permission was also sought for parking all vehicles of the production unit and to take food in Sree Vadakkunnathan Kshethra Maidan, on the days in which film shooting takes place in Swaraj Round, Thrissur. Permission was also sought for the use of 'Helicam' in Sree Vadakkunnathan Kshethra Maidan for film shooting. On the request made in Ext.P2 application, the 3rdrespondent Assistant Commissioner, Thrissur, submitted a report dtd. 27/9/2023. Thereafter, by Ext.P3 order dtd. 4/10/2023, the 2ndrespondent Devaswom Commissioner rejected Ext.P2 application made by the petitioner. In Ext.P3 order, it is stated that based on Ext.P4 judgment of this Court dtd. 11/4/2023 in W.P.(C)Nos.26499 of 2018 and 4617 of 2022, the 2ndrespondent decided not to grant permission to the petitioner for film shooting in Sree Vadakkunnathan Kshethra Maidan. Feeling aggrieved by the rejection of Ext.P2 application, the petitioner is before this Court in this writ petition, invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dtd. 4/10/2023 of the 2ndrespondent Devaswom Commissioner; and a writ of mandamus commanding the 1strespondent Cochin Devaswom Board and the 2nd respondent Devaswom Commissioner to consider Ext.P2 application, afresh, and allow the same with reasonable condition on the usual terms regarding the charges.

(2.) On 11/10/2023, when this writ petition came up for admission, the matter was adjourned for the learned Standing Counsel for the Cochin Devaswom Board to get instructions.

(3.) The 1strespondent Cochin Devaswom Board has filed a counter affidavit dtd. 17/10/2023, wherein it is stated that, on receipt of Ext.P2 application, the Devaswom Manager, Sree Vadakkunnathan Devaswom forwarded the same to the 3rd respondent Assistant Commissioner. The 3rdrespondent in turn submitted Ext.R1(a) report dtd. 27/9/2023 to the 2nd respondent Commissioner. In Ext.P2 application, apart from film shooting in Sree Vadakkunnathan Kshethra Maidan, permission was sought for parking all vehicles of the production unit in the Kshethra Maidan and also to take food in the Kshethra Maidan. The 2ndrespondent, while rejecting Ext.P2 application, by Ext.P3 order dtd. 4/10/2023, referred to the decision of the Division Bench in Ext.P4 judgment dtd. 11/4/2023 in W.P.(C)Nos.26499 of 2018 and 4617 of 2022.