PVR LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ appeal is directed against the order passed by the learned Single Judge in WP No. 15237/2005 (C)wherein he has declined to grant the relief of a writ of certiorari to quash the order impugned dt. 2/4/2005 and notice dt. 28/5/2005 by recording reasons with observation that the respondents 1 and 2 are clothed with power to issue the impugned directions and also refused to issue a writ of mandamus as prayed by the Company, urging various legal contentions. Further the appellant has prayed to set aside the order of the learned single Judge and to quash the impugned order and notice by allowing this writ appeal.

(2.) CERTAIN relevant brief facts are stated in this Judgment for the purpose of appreciating the rival legal contentions urged in this case and to answer the same. The appellant is a Company incorporated under the provisions of the Companies Act 1956, hereinafter called 'the Company' in short, carrying on with a commercial undertaking business of exhibiting movies at various locations including New Delhi, u P, Haryana, Maharashtra, m. P and Bangalore. Its trade mark brand and style is "pvr Cinemas". It is its case that, it has acquired considerable reputation for exhibiting cinemas in a professional manner. It operates 11 theatres in a multiplex in Bangalore at 'the Forum', 21-22, adugodi Main Road, Near madiwala Checkpost, Koramangala, bangalore (in short 'cinema Hall' ). It is its case that it has obtained necessary approvals, permissions under the provisions of Karnataka Cinemas (Regulation) Act 1964 and Karnataka Cinemas (Regulation)Rules 1971, hereinafter called as 'the Act'and 'the Rules'. It has also stated that it has been exhibiting films strictly in compliance with the mandate of the provisions of the act and the Rules including the educational and documentary films in its Cinema Halls in Bangalore since november 2004. The company being visual media which is considered to be a powerful tool for the communication of new ideas and educational programs having regard to the fact that large section of the population in India is illiterate, it has very limited access to knowledge, information and ideas and to note that knowledge and information be disseminated to the vast sections of the population of the society in the country.

(3.) IT is stated that the respondent No. 3 is a films Division, ministry of Information and Broadcasting department is a National agency devoted to produce and distribute news magazines, quickies, scientific films and documentaries. It produces educational and scientific films in-house for various Ministries and departments of Government of India and other State Governments. It has stated that many private agencies and entities for over years entered into the business of production of educational and scientific films as documentaries which is mandatorily required to be exhibited by all Cinema Halls before screening the regular movie. Therefore, no monopoly exits in favour of respondent No. 3 for either production or distribution of the said documentary films. It is its case that m/s. Media International Limited, (the "supplier") is an incorporated company under the Companies act producing scientific, educational and documentary films. This company has approached it and said company supplied the said documentary films for exhibition in its Cinema Halls.