Petitioners challenged the rejection of their plays for an International Theatre Festival by the Kerala Sangeetha Nadaka Academy. The Single Judge held the court incompetent to examine the jury's assessment and dismissed the writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.33789 OF 2019(W)
PETITIONER:
ABHIMANYU VINAYAKUMAR, AGED 34 YEARS
S/O.VINAYAKUMAR, ABHIMANYU, PUTHORKKARA, AYYANTHOLE, THRISSUR, PIN- 680003.
BY ADVS. SMT.DEEPA K.RADHAKRISHNAN SRI.ARUN SAMUEL
RESPONDENTS:
REPRESENTED BY THE SECRETARY, CULTURAL AFFAIRS, ROOM NO.521, 2ND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.
R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R3 BY ADV. SMT.N.SANTHA R3 BY ADV. SRI.V.VARGHESE R3 BY ADV. SRI.PETER JOSE CHRISTO R3 BY ADV. SRI.S.A.ANAND R3 BY ADV. SMT.K.N.REMYA R3 BY ADV. SMT.L.ANNAPOORNA R3 BY ADV. SHRI.VISHNU V.K. R3 BY ADV. KUM.ABHIRAMI K. UDAY
SMT. K.M. RASHMI. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2020, ALONG WITH WPC 740/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.33789 OF 2019 & 740 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.740 OF 2020(N)
PETITIONER:
NIKHILDAS AGED 30 YEARS S/O.LATE DEVADAS P.N., PURANATTUKARA HOUSE, ADATTU P.O., THRISSUR DISTRICT-680551.
BY ADVS. SRI.P.K.SAJEEV SRI.V.K.SATHYAJITH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, CULTURAL AFFAIRS, ROOM NO.521, 2ND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.
ADV. S.P. ARAVINDAKSHAN PILLAI. R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2020, ALONG WITH WPC 33789/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.33789 OF 2019 & 740 OF 2020
3
JUDGMENT
Dated this the 14th day of January 2020
The essential question raised in these writ petitions is with regard to an assessment by a jury as to the suitability of the plays performed by the petitioners for participation in the International Theatre Festival to be held from 20.01.2020.
rejection of the plays performed by the petitioners, I am of the opinion that in view of the fact that the issue is with regard to an assessment conducted by a jury, this Court would not be competent to enter into any examination of the assessment so made.
In the above view of the matter, the prayers sought for in these writ petitions cannot be allowed. These writ petitions fail and the
same are accordingly dismissed.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.33789 OF 2019 & 740 OF 2020
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APPENDIX OF WP(C)33789/19
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE SPECTATOR REVIEWS, AS REGARDS, THE DRAMA TITLED "KURATHI" |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE RTI APPLICATION DATED 25.09.2019 SUBMITTED BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P3 | A TRUE COPY OF THE MINUTES OF THE MEETING DATED 29.07.2019, AS REGARDS, THE EXECUTIVE COMMITTEE OF THE 3RD RESPONDENT, OBTAINED UNDER THE RTI ACT, 2005. |
| EXHIBIT P4 | A TRUE COPY OF THE LIST OF SHORT LISTED PLAYS DATED 19.08.2019, BY THE JURY CONSTITUTED BY THE 3RD RESPONDENT, TO BE PERFORMED AT THE ENSUING ITFOK OBTAINED UNDER THE RTI ACT, 2005. |
| EXHIBIT P5 | A TRUE COPY OF THE TABULATION SHEET PREPARED BY THE JURY MEMBER, T.S.ASHA DEVI. |
| EXHIBIT P6 | A TRUE COPY OF THE TABULATION SHEET PREPARED BY THE JURY MEMBER, 'P.J.UNNIKRISHNAN' |
| EXHIBIT P7 | A TRUE COPY OF THE TABULATION SHEET PREPARED BY THE JURY MEMBER, 'P.N.PRAKASH' |
| EXHIBIT P8 | A TRUE COPY OF THE REPRESENTATION DATED 26.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. |
| EXHIBIT P9 | A TRUE COPY OF THE POSTAL RECEIPT DATED 26.11.2019. |
| RESPONDENT'S/S EX | HIBITS: |
| EXHIBIT R3(A) | TRUE COPY OF THE G.O.(RT) NO.423/2019/CAD DATED 26.09.2019. |
| EXHIBIT R3(B) | TRUE COPY OF THE LETTER NO.955/A/2019 DATED 13.12.2019. |
WP(C).No.33789 OF 2019 & 740 OF 2020
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APPENDIX OF WP(C)740/20
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CERTIFICATE ISSUED 3RD RESPONDENT FOR BEST DIRECTOR. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE CERTIFICATE ISSUED 3RD RESPONDENT FOR BEST WRITER. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE ISSUED 3RD RESPONDENT FOR BEST DRAMA. |
| EXHIBIT P4 | TRUE COPY OF THE LETTER DATED 10.09.2019 ISSUED BY SECRETARY TO SOUTH INDIAN PEOPLES THEATRE FESTIVAL COMMITTEE TO PANCHAMI THEATERS. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 08.11.2019 ISSUED BY DIRECTOR IN CHARGE OF NATIONAL SCHOOL OF DRAMA TO THE PETITIONER. |
| EXHIBIT P6 | TRUE COPY OF THE LIST OF SHORT LISTED PLAYS BY THE JURY CONSTITUTED BY THE 3RD RESPONDENT, TO BE PERFORMED AT THE ENSUING ITFOK DATED 19.08.2019 OBTAINED UNDER THE RTI ACT. |
| EXHIBIT P7 | TRUE COPY OF THE TABULATION SHEET PREPARED BY T.S.ASHADEVI FOR SHORT LISTING THE PLAYS. |
3 issues framed by the court
Whether the High Court can interfere with the assessment conducted by the jury on the suitability of plays.
Whether the rejection of plays performed by the petitioners is maintainable in a writ petition.
Whether the court would be competent to examine the assessment made by the jury regarding the suitability of plays.
ABHIMANYU VINAYAKUMAR
NIKHILDAS
STATE OF KERALA
DIRECTOR OF CULTURAL AFFAIRS
KERALA SANGEETHA NADAKA ACADEMY
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
