High Court Rejects Centre's Appeal Against Order In Pleas Challenging 'Kerala Story 2' Movie Certification, Keeps Maintainability Issue Open

The Kerala High Court on Friday (June 4) dismissed as infructuous the appeals filed by the Central government, the CBFC and the producer challenging a single judge's common interim order passed in pleas challenging certification granted to 'Kerala Story 2 - Goes Beyond' film which was released on February 27.

The Court, however, left open the question of law raised by the CBFC and Union regarding maintainability of private interest litigations challenging certification granted to a film alleging disrepute to a State. Earlier this week, the Single Judge had dismissed the writ petitions challenging the certification of the film.

The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice A.K. Preeta dismissed the appeals as infructuous.

The Division Bench said, "It is the submission of the counsels on either side that the appeals have become infructuous consequent to the dismissal of the writ petitions by the learned Single Judge. In the said circumstances, these writ appeals are dismissed as infructuous leaving the question of law open for consideration in future cases".

The Union and the CBFC have filed appeals challenging the order which upheld the maintainability of the petitions opposing censor certificate, wherein the single judge had held that petitioners in two of the writ petitions had sufficiently proved their locus standi, individual grievances and the maintainability of the pleas.

The producer of the film had challenged the order earlier itself against the stay of release of the film and a co-ordinate Division Bench had passed an interim order lifting the stay passed by the Single Judge.

The CBFC and the producer of the film had raised the question of maintainability of the writ petitions before the Single Judge as well as in appeal. It was their case that only public interest litigation would be maintainable.

Case No: WA 1113/ 2026 and connected cases

Case Title: Union of India and Anr. v. Sreedev Namboodiri and Ors. and connected case

Citation: 2026 LiveLaw (Ker) 312