JANARDHANA KURUP Vs. STATE

JUDGEMENT

(1.) THIS is a petition praying for a writ of certiorari or other appropriate writ or order to quash an order of the District Magistrate of trivandrum, No. L. Dis. 415/53/dmt dated 19-3-53. Exhibit A, the proceedings of the said District magistrate which embodies the order, is reproduced below: "read: 1. THIS office order dated 3-1-1953 granting general permission to stage the Malayalam drama "jmrtrd WO I Pemyval"m" in the Trivandrum district. 2.Mass petition dated 9-3-1953 from the people of Balaramapuram objecting to the staging of the drama sanctioned to be performed at the Murukan Talkies, balaramapuram on 20-3-1953 and the report of the D. S. P. Trivandrum thereon. 3.THIS office order dated 15-3-1953 revoking the order permitting the staging of the above drama at Balaramapuram on 20-3-1953. 4.Report of the D. S. P. , Trivandrum dated 18-3-1953 on the application of Sri T. K. Sivathanu, Thiruvallam to grant permission to stage the Drama at Kovalam on 19-3-1953. 5.Report of the Sub Inspector of Police, Nemom dated 17-3-1953 on the application of Sri t. K. Sivathanu of Thiruvallam to grant permission to stage the above drama at thiruvallam on 19-3-1953. 6.Report of the D. S. P. Trivandrum T. ROC No. 25 / 3 /i D / 1953 dated 18-3-1953 to cancel the general permission granted to stage the drama in the Trivandrum district. From the reports cited above it is seen that several additions are made to the approved text in the actual enactment bath in songs and speeches, that portions which are specifically directed to be omitted in the approved text are not actually omitted while staging the drama, that the drama as staged tends to create strong disaffection hatred and contempt towards the existing Government as also feelings of class hatred among the public, that as a direct result of the class hatred created by the performances so far conducted in several places, strong oppositions from large section of the public have already come to notice and is tending to increase in intensity so that breaches of the public peace are seriously apprehended. Order L. Dis. 415/53/dmt dated 19-3-1953. I therefore revoke the general permission granted to stage the drama ""jmrtrd WO I Pemyval"m" in the Trivandrum district. "

(2.) IT is clear from the order that it is a revocation of a permission already granted. The only Section of the Travancore Dramatic performances Act, 1115 (Act II of 1115) which makes a permission or license necessary is. Section 9: - "[1] Our Government may by notification published in our Government Gazette order that no dramatic performance shall take place in any place of public entertainment, except under a license to be granted by Our government, or such officer as it may empower in this behalf. [2] Our Government may also order that no dramatic performance shall take place in any place of public entertainment unless a copy of the piece, if and so far as it is written, or some sufficient account of its purport, if and so far as it is in pantomime, has been furnished not less than three days before the performance, to Our Government, or to such officer as it may appoint in this behalf. [3] A copy of any order under this Section may be served on any keeper of a place of public entertainment, and if thereafter he does or willingly permits, any act in disobedience to such order, he shall be punishable, on conviction before a Magistrate, with imprisonment for a term which may extend to three months, or with fine, or with both. "

(3.) FROM sub-section (2) it is clear that the District magistrate of Trivandrum can exercise powers of prohibition only when specially empowered in that behalf by the Government and it is admitted by the learned advocate General that no such special empowering has ever been made.