LAWS(KER)-2024-2-198

NATAK Vs. STATE OF KERALA

Decided On February 28, 2024
Natak Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is stated to be an Association registered under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (for short 'the Act') and is stated to be an organisation of artists, writers and activists "working in areas associated with theatre" (sic).

(2.) The petitioner says that they proposed to host a drama by name "Governorum Thoppiyum", as part of the "Cochin Carnival", proposed in December, 2023; but that this was interdicted by the second respondent - Sub Divisional Magistrate, Fort Kochi, through Ext.P1. They assert that Ext.P1 is a product of colourable exercise of power and is manifestly in violation of law.

(3.) Sri.K.N.Abhilash - learned counsel for the petitioner, explained that the drama in question was an adaptation of the famous work of Friedrich Schiller, titled "William Tell" and that the title given by his client was only a reflection of the lead character in the play. He submitted that, however, the Sub Divisional Magistrate appears to have misunderstood this to be a reference to the Governor of Kerala and hence issued Ext.P1, stipulating that the title of the drama ought to be altered since it denigrates persons holding constitutional posts. The learned counsel vehemently argued that, if one is to go through the script of the drama, or if the performance is to be viewed, it would become manifest that there is not even a whispering reference to the Governor of Kerala, but only to the character in the play. He thus prayed that Ext.P1 be set aside.