IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 32136 of 2007(A) -------------------------------------- PETITIONER: ------------------- CHITHIRA COMMUNICATIONS 2ND FLOOR, KULAPPURACKAL CHAMBERS, THEVARA JUNCTION, KOCHI-15, REPRESENTED BY PROPRIETOR, R.RAJASEKHARAN. BY ADV. SRI.G.SHRIKUMAR, ADV. SRI.SREEJITH S.NAIR. RESPONDENTS: ------------------------ 1. THE ASSISTANT STATION DIRECTOR, ALL INDIA RADIO, PRASAR BHARATHI (BROADCASTING CORPORATION OF INDIA) THRIKKAKARA P.O., COCHIN-682021. 2. THE DIRECTOR OF COMMERCIAL DIRECTOR GENERAL'S OFFICE, AKASAVANI BHAVAN, NEW DELHI. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32136/2007-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE WINTER SCHEDULE FOR ALL INDIA RADIO, KOCHI ISSUED BY THE R.1. DTD. 08/10/2007. EXT.P.2: COPY OF THE LETTER ADDRESSED BY THE PETITIONER TO THE R.1. DTD. 15/10/2007. EXT.P.3: COPY OF THE REPRESENTATION DTD. 17/10/2007 ADDRESSED TO THE R.2. BY THE PETITIONER. EXT.P.4: COPY OF THE COMMUNICATION OF THE R.1. DTD. 17/10/2007. EXT.P.5: COPY OF THE COMMUNICATION DTD. 22/10/2007 ADDRESSED TO THE R.1. EXT.P.6: COPY OF THE REPRESENTATION DTD. 23/10/2007 ADDRESSED TO THE R.2. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE SPECIMEN CONTRACT ENTERED INTO BETWEEN PETITIONER AND A.I.R. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.32136 of 2007 ------------------------- Dated this the 30th day of October, 2008. JUDGMENT The petitioner runs an advertising agency engaged in recording, editing, mixing and production of radio programmes. The petitioner formulated a proposal for production of radio programmes and approached the All India Radio for a continuous broadcasting procedure. The petitioner submits that three of his programmes are being run for the past more than 75 weeks. By Ext.P1 notice issued on 8.10.2007 the winter schedule-AIR Kochi LRS (FM) was drawn up and sponsored programmes during the said hours were to be withdrawn. Fresh proposals submitted were to be considered by the screening committee. The petitioner sought for a review of the same and the same was met with Ext.P4. The petitioner was informed that the proposal for winter fixed point chart charges of FM Kochi were introduced with effect from 31.7.2007 at a meeting held on the same day wherein the petitioner was also present. The W.P.(C).NO.32136/07 :: 2 :: implementation of the winter schedule was again brought to the notice of the petitioner when the petitioner visited the office of the Prasar Bharati in the month of August, 2007. The petitioner was permitted to continue the broadcasting though the AIR was incurring loss. It was, therefore, clearly informed in Ext.P4 that the last of the sponsored programmes then being played between 2 and 3 PM will be on 31.10.2007. However, the petitioner was given liberty to submit fresh proposals which, was duly assured to be considered by the screening committee. The petitioner challenges Ext.P4. 2. A detailed counter affidavit has been filed by the All India Radio, Kochi. Reference was made to the contract entered last, Ext.R1(a). It is clear that there is discretion to reject or refuse to broadcast or rebroadcast any advertisement or sponsored programme without assigning any reason and without incurring any liability by reason of such refusal. The All India Radio shall have the right to effect changes in the programme. The advertiser will be informed by All India Radio of these W.P.(C).NO.32136/07 :: 3 :: changes. If the advertiser does not agree to the changes, intimation of the same shall be communicated within seven days from the date of issue of AIR's communication and the contract will stand cancelled without prejudice to any rights and liabilities of the parties occurred till then. It was pointed out that in the case of each programme, a contract was separately entered into between Prasar Bharathi and the petitioner. In the case of sponsored programmes, 60 days notice alone is sufficient. The winter schedule was drawn up in the meeting held on 31.7.2007. As a matter of fact, the petitioner's programmes were run for 3 months from the said date. There is no infraction of any law by the respondents. 3. A reply affidavit has been filed by the petitioners. The relationship between the petitioner and Prasar Bharathi is regulated by the terms of the contract. Assuming that the conditions of the contract are breached, it might only make out a case of breach of contract. I am also not inclined to conclude that there is W.P.(C).NO.32136/07 :: 4 :: inadequate notice before implementation of the revised schedule in the year 2007. 4. I take note of the contention that the winter schedule was drawn up and communicated to the petitioners in the meeting held on 31.7.2007. The sponsored programme was allowed to be broadcast till 31.10.2007 as is evident from Ext.P4. In these circumstances, it cannot be said that the respondents have acted in a hasty manner. The reasons given by the respondents in drawing up a winter schedule within a time of 2/3 months also cannot be considered as irrelevant or otherwise extraneous. The Prasar Bharathi is entitled to conduct its operations in the manner in which it would make more profits. No fundamental right or any other statutory right of the petitioner has been affected by reason of the impugned action. I also take note of the fact that the programme sponsored by the petitioner are being broadcast against the wishes of the Prasar Bharati for the past more than a year. A plea of hurried action may not really be available in this case. W.P.(C).NO.32136/07 :: 5 :: For all these reasons, I do not find any merit in this writ petition. Accordingly, the same is dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy//