- 1 - NC: 2025:KHC:15935 WP No. 35237 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35237 OF 2024 (C) BETWEEN: SRI KUPPAN GANESHAN AGED 58 YEARS SON OF KUPPAN FILM PRODUCER PRABHAKARAN MOVIES NO.12/1, CONNAUGH ROAD QUEENS ROAD CROSS BENGALURU- 560052. …PETITIONER (BY SRI. G R MOHAN, ADV.) AND: 1. THE CHAIRPERSON CENTRAL BOARD OF FILM CERTIFICATION FILMS DIVISION COMPLEX PH1 BUILDING, 9TH FLOOR DR. G DESHMUKH MARG MUMBAI -400026. 2. THE REGIONAL OFFICER CENTRAL BOARD OF FILM CERTIFICATE POST BOX NO.36 KENDRIYA SADAN 4TH FLOOR, 'D' WING 17TH MAIN, KORAMANGALA BENGALURU- 560034. …RESPONDENTS (BY SRI. ARAVIND KAMATH, ASG A/W SMT. SADHANA S DESAI, CGSC) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:15935 WP No. 35237 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR CERTIORARI TO THE RESPONDENTS FOR FAILURE TO ISSUED THE FILM CERTIFICATION OF THE KANNADA FEATURE FILM BY NAME 'MAY 18' UNDER THE BANNER PRABHAKARAN MOVIES. STORY, SCREENPLAY AND DIRECTED BY HIMSELF STARRING DHANYA, SUBHAS AND OTHERS, WITH MUSIC BY EMINENT MASTER SRI ILLAYARAJA WITH DATE OF FILM CERTIFICATION BEING 31/12/2024 AS PER THE GUIDELINES UNDER THE CINEMATOGRAPH ACT 1952 AND CINEMATOGRAPH (CERTIFICATION) RULES, 1983 BY NOT CONSIDERING ORDERS PASSED BY THIS COURT DATED 19/01/2024 IN W.P. NO.1487 OF 2024 AS PER ANN-F AND ALSO W.P. NO. 3792 OF 2024 BY ORDER DATED 28/06/2024 AS PER ANN-L BY THE RESPONDENTS AND TO QUASH THE ENDORSEMENT BEARING NO. DIL/268/2023-BAN/98 DATED 14/11/2024 AS PER ANN-M ISSUED BY THE R2 BY TAKING SUITABLE ACTION AGAINST THE R2 FOR ISSUING SUCH TYPE OF ENDORSEMENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 3 - NC: 2025:KHC:15935 WP No. 35237 of 2024 ORAL ORDER The petitioner has produced, according to him, a Kannada feature film under the name and style 'May 18', and he is aggrieved by the Communication dated 14.11.2024 [Annexure-M] issued by the Regional Officer of the Central Board of Film Certification. This Communication reads that the petitioner's request for certification of the movie under the 'Original' category is refused by the Examining Committee opining that the movie is a dubbed version of a Tamil movie named '18.05.2009' and if the final script of the movie is uploaded on 'e- cinepramaan' portal, the appropriate certification would be issued in view of this opinion. 2. The petitioner's grievance has a chequered history. However, during of the course of hearing of this petition, it was submitted on behalf of the petitioner that he proposes to screen the movie only in the Film Festivals in India and abroad. This Court, - 4 - NC: 2025:KHC:15935 WP No. 35237 of 2024 therefore, has permitted the petitioner to file an affidavit. The petitioner has filed an affidavit, and in paragraph-3 of this affidavit, he has stated that 'I am not releasing the feature film in any Theatres for Public Exhibition, and it is only for screening of the Film for Award in Film Festivals both in India and abroad'. The petitioner has further stated that because of a certain stipulation in the recently held XVI Bengaluru International Film Festival, the date of issuance of a Certificate will be crucial, and therefore, a Certificate would be necessary even if the movie is to be screened only in Film Festivals. 3. Sri Aravind Kamath, the learned Assistant Solicitor General, places on record a copy of the Office Memorandum dated 17.01.2006 [for short, 'the 2006 Guidelines'] stating that the Central Government has evolved these Guidelines to grant exemption as is contemplated under Section 9 of the Cinematograph Act, 1952 for screening of movies in - 5 - NC: 2025:KHC:15935 WP No. 35237 of 2024 Film Festivals, and in terms of these Guidelines, it would be open to the petitioner to apply for exemption which would be considered subject to the terms thereunder. 4. 4. Sri G R Mohan, the learned counsel for the petitioner, on instructions from the petitioner who is present in person, submits that the petitioner's grievance could indeed be addressed if the petition stands disposed of with liberty to apply for exemption under the 2006 Guidelines formulated by the Office Memorandum dated 17.01.2006 but observing that such an application must be considered independent of the earlier proceedings. 5. These submissions narrow down the scope for consideration, and it would be confined to examining whether the earlier proceedings would be any hindrance to the petitioner to seek exemption under the 2006 Guidelines. This Court must record that neither the earlier proceedings nor the - 6 - NC: 2025:KHC:15935 WP No. 35237 of 2024 controversy about whether the movie is shot in Kannada or is a dubbed version of a Tamil movie can be an impediment so long as the petitioner is categorical that it is only intended to be exhibited in Film Festivals. Hence, the following: ORDER The petition stands disposed of reserving liberty to the petitioner to apply under the 2006 Guidelines to seek exemption for screening of the Kannada movie 'May 18' in Film Festivals. It is needless to observe that the petitioner must file all such documents as would be necessary under the 2006 Guidelines. Sd/- (B M SHYAM PRASAD) JUDGE AN/- List No.: 1 Sl No.: 13