FR ABRAHAM VELLAMTHADATHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether a Writ Petition under Art.226 of the Constitution of India can be successfully maintained against an order which has already been upheld by another Division Bench in exercise of its appellate powers under S.10 of the Kerala Dramatic Performances Act, 1961, is the question that has come up for consideration in this case

(2.) Petitioner, Rev. Fr. Abraham Vellamthadathil has approached this court seeking a writ of certiorari to quash Exts. P1, P3 and P6 orders. Ext. P1 is the order passed by the District Collector and District Magistrate, Kottayam on 15.10.1990 under S.4(2) of the aforesaid Act prohibiting staging of the drama "Jesus Christ Super Star" for a period of two months in any part of Kottayam district when he was convinced that staging of the drama would cause communal disharmony and lead to serious breach of peace. Drama was about to be staged in the Corpus Christi School, Kottayam. The order was challenged by Mary Roy before this court under S.10 of the Act. A Division Bench of this court in Mary Roy v. District Collector ( 1991 (1) KLT 75 ), while dismissing the appeal held as follows:

(3.) The District Collector has passed an order under S.4 of the Act prohibiting the staging of the drama temporarily for two months from the date of the order unless the Government by notification in the gazette, otherwise direct. Government later issued a notification dated 14.12.1990 prohibiting the staging of the drama until further orders. Aggrieved by the decision of the Division Bench of this court in Mary Roy's case, supra (1991 (1) KLT 75), Mary Roy filed S.L.P. No 16645 of 1990 before the Apex Court and the Apex Court passed an interim order on 1.5.1991, which reads as follows: