IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 34087 of 2007(G) ----------------------------------------- PETITIONER: --------------------- SUNILKRISHNAN N.K., THE PUBLISHER OF BOOKS REVIEW, TRAVANCORE PUBLICATIONS, KADAVANTRA, KOCHI 682 020. BY ADV. SRI.JOSEPH MARKOS SRI.K.N.CHANDRABABU RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, DEPARTMENT OF POSTS, DAK BHAVAN, SANSAD MARG, NEW DELHI. 2. THE POST MASTER GENERAL, DEPARTMENT OF POSTS, INDIA, OFFICE OF THE POST MASTER GENERAL, CENTRAL REGION (KERALA) KOCHI-682 018. 3. THE SENIOR SUPERINTENDENT OF POST OFFICES, DEPARTMENT OF POSTS, INDIA, OFFICE OF THE SENIOR SUPERINTENDENT OF POST OFFICES, ERNAKULAM DIVISION, KOCHI-682 011. ADV. SRI.P.GOPINATHA MENON, ADDL.CGSC FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34087/2007 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RENEWAL LICENSE NO.KL/CR/EKM/433/2002 GRANTED FOR THE CALENDAR YEAR 2002 TO THE PETITIONER. EXT.P2: COPY OF THE RENEWAL LICENSE NO.KL/EKM/433/2006-08 DTD. 03/01/2006 GRANTED FOR THE PERIOD 2006-2008 TO THE PETITIONER. EXT.P3: COPY OF THE COMMUNICATION NO.KL/EKM/433/2006-08 DTD. 13/02/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE APPEAL NO.P15/2007 DTD. 26/02/2007 ADDRESSED TO THE 2ND RESPONDENT. EXT.P5: COPY OF THE COMMUNICATION NO.TECH/RNP DLGS/07 (Pt) DTD. 12/03/2007. EXT.P6: COPY OF THE VOL.5 ISSUE-I OF BOOKS REVIEW PUBLISHED ON JANUARY 2007. EXT.P7: COPY OF THE PERIODICAL PUBLISHED BY DCB NEWS DURING THE MONTH OF AUGUST 2007. EXT.P8: COPY OF THE TAXMAN'S CORPORATE PROFESSINALS TODAY VOL.1 PART I MONTHLY MARCH 2007 HAVING REG.NO.D.NO.DL(c) 05/1149/07-09. EXT.P9: COPY OF THE MONTHLY MAGAZINE LAWS & FLAWS HAVING REGD.NO.AD-209/2006-2008. EXT.P10: COPY OF THE JMJ BOOK INFO HAVING REGD.NO.E.2.(J/2) PRESS/93, RNI NO.55734/93. EXT.P11: COPY OF THE COMMUNICATION NO.G/III-MISC/06-07 DTD. 18/04/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P12: COPY OF THE COMMUNICATION NO.22-18/2007 – PO ISSUED BY THE 1ST RESPONDENT DTD. 11/10/2007. EXT.P13: COPIES OF ISSUE NUMBER 12 OF 2002, MARCH 25. EXT.P14: COPIES OF ISSUE NO.49 OF JANUARY 6 OF 2003. Kss ..2/- ...2..... WPC.NO.34087/2007 G EXT.P15: COPIES OF ISSUE NO.24 OF NOVEMBER 15, 2004. EXT.P16: COPIES OF ISSUE NO.33 OF JANUARY 20 OF 2005. EXT.P17: COPY OF THE ISSUE NO.52 OF JUNE 8 OF 2006. EXT.P18: COPIES OF THE BILL NO.OA 6/KPSO/16/8/2000 DTD. 18/09/2006. EXT.P19: COPIES OF THE BILL NO.OA 6/KPSO/16/8/2000 DTD. 18/09/2006. EXT.P20: COPY OF THE BILL NO.OA 6/KPSO/16/8/2000 DTD. 18/10/2006. EXT.P21: COPY OF THE BILL NO.OA 6/KPSO/16/8/2000 DTD. 6/11/2006. EXT.P22: COPY OF THE DECLARATION DULY CERTIFIED BY THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. EXT.P23: COPIES OF THE COMMUNICATION NO.KL/EKM/433 DTD. 31/05/2006. EXT.P24: COPY OF THE COMMUNICATION NO.D-123 (R) DTD.03/22/2006. EXT.P25: CIRCULAR NO.22-17/2008-PO DTD. 5/05/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 34087 OF 2007 G = = = = = = = = = = = = = = = = = Dated this the 19h day of August 2008 J U D G M E N T The challenge in this writ petition is against Exts. P3, P5 and P12, by which the licence for the registered newspaper “books review” granted to the petitioner for concessional postage rate was cancelled by the respondents on the alleged non-compliance of clauses 139 and 140 Post Office Guide Part I. Petitioner now contends that by Ext. P25, the Government of India have issued consolidated ruling on registered newspapers superseding all previous Rulings on the subject and therefore the matter needs to be reconsidered in the light of Ext. P25. 2. Having heard counsel for the petitioner and also the Standing Counsel who entered appearance on behalf of the respondents, I am satisfied that in view of Ext. P25, the case of the petitioner deserves to be reconsidered by the 2nd respondent or other competent officer of the department. Therefore, in order to W.P.(C) No. 34087 OF 2007 -2- enable the 2nd respondent or the competent officer to reconsider the matter as above, this writ petition will stand disposed of with the following directions: 1) That Exts. P3, P5 and P12 will stand set aside. 2) The 2nd respondent or the competent officer shall reconsider the claim of the petitioner in the light of Ext. P25 and with notice to him. This shall be done as expeditiously as possible within 6 months from today. If the 2nd respondent is not the officer competent to consider the matter, he shall on receipt of a copy of this judgment immediately forward the papers to the competent officer. 3) It is clarified that by virtue of this judgment, the petitioner will not be entitled to claim the benefit of concessional postage rate and that the parties will be governed by the order to be passed by the 2nd respondent. 4) It is also clarified that this Court has not expressed anything on the merits of the claim made by both sides. ANTONY DOMINIC JUDGE jan/-