Allowed

Sreelal Devraj v. Kerala State Film Devlopment Corporation

Kerala HC14 Oct 2008WP(C)/16820/2008

Case brief

AI extract

What is this about?

This judgment deals with the quashing of a letter rejecting a film subsidy claim. The Court held that rejecting a subsidy application solely because the film highlighted corporate social responsibility of a profit-making business was impermissible.

What did the court decide?

Quashing of the letter rejecting the subsidy claim (Exhibit-P3) and a direction to the respondent to reconsider the claim.

Sreelal Devraj Vs Kerala State Film… — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930

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WP(C).No. 16820 of 2008(B)

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PETITIONER:

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SREELAL DEVRAJ, S/O.DEVARAJAN, VASANTHA NIVAS, MALAYAM P.O., TRIVANDRUM.

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BY ADV. SRI.S.MOHAMMED AL RAFI

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RESPONDENTS:

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1. KERALA STATE FILM DEVELOPMENT CORPORATION LTD., REPRESENTED BY MANAGING DIRECTOR, CHALACHITHRA KALABHAVAN, VAZHUTHAKAD, TRIVANDRUM-695 014.

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2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (PUBLIC RELATIONS) DEPARTMENT, SECRETARIAT, TRIVANDRUM.

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3. DIRECTOR OF PUBLIC RELATIONS, TRIVANDRUM.

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ADV. SRI.P.GOPALAKRISHNAN NAIR FOR R1 SRI.A.ABDUL KHARIM FOR R1 BY GOVERNMENT PLEADER SMT. M.R.SREELATHA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.16820/2008 B

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1; COPY OF THE CERTIFICATE DTD. 30/12/2004 ISSUED BY CENTRAL BOARD OF FILM CERTIFICATION.

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EXT.P2; COPY OF THE G.O.(MS) NO.5/98/PR DTD. 10/03/98 ISSUED BY 2ND RESPONDENT.

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EXT.P3: COPY OF THE LETTER NO.KSFDC/CS/DOC./18/2007 DTD. 20/09/2007 ISSUED BY 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

V.GIRI,J.

W.P ( C) No.16820 of 2008

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Dated this the 14^th October, 2008

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J U D G M E N T

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Petitioner claims to be a film producer and director of a documentary film 'KARUNA' stated to be on charity work done by one Dr.Kurian John Melamparambil. Apparently, he utilised the facilities of Chitranjali studio complex. Petitioner submits that he had in mind the subsidy made available to those persons who utilise the service of chitranjali studio as contemplated by Exhibit-P2 Government Order. Petitioner's claim was considered and rejected under Exhibit-P3. The relevant portion of the same reads as follows:

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“We are sorry to inform you that the Subsidy Screening Committee has decided not to consider the Documentary for Govt. subsidy considering the fact that the Documentary highlights the Corporate Social responsibility activities of a private business film producing and marketing consumer products for profit.”

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A counter affidavit has been filed by the 1^st respondent. It is stated that Government have

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W.P ( C) No.16820 of 2008

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constituted a committee for the purpose of deciding the eligibility of subsidy. It is headed by the Secretary of the Cultural Affairs Department as the Chairman. There is also a Review Committee. The committee viewed the film on 24.7.2007.

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I heard learned counsel for the petitioner and learned Government Pleader.

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No doubt the Government have the right to deny the subsidy if they are not satisfied with the standard and quality. But that is not the reason stated in Exhibit-P3.

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In the result, Exhibit-P3 is quashed to the extent to which the petitioner's claim for subsidy was rejected and the 1^st respondent shall re-consider the same, in accordance with law and take a decision thereon with notice to the petitioner.

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The writ petition is disposed of as above.

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(V.GIRI,JUDGE)

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W.P ( C) No.16820 of 2008

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W.P ( C) No.16820 of 2008

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Sreelal Devraj v. Kerala State Film Devlopment Corporation

Case brief

What is this about?

What did the court decide?

Sreelal Devraj v. Kerala State Film Devlopment Corporation

Case brief

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What did the court decide?

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