IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 OP.No. 19326 of 2002(A) ---------------------------------- PETITIONER: ------------------ SHRI T.P.NANDAKUMAR, CHIEF EDITOR, "CRIME" & "CRIME STAR", MANOLOKHAM PUBLICATIONS, PUTHIYARA ROAD, KOZHIKODE-673 004. BY ADV. RAMAKUMAR (SR.) RESPONDENTS: ------------------------- 1. THE PRESS AND REGISTRATION APPELLATE BOARD, FARIDKOT HOUSE (GROUND FLOOR), COPERNICUS MARG, NEW DELHI-110 001. 2. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. 3. SHRI SHANAVAS, EDITOR/PRINTER/PUBLISHER, PERIYAR GROUP OF PUBLICATIONS, CHENTHARE BUILDING, ALUVA EAST. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. R3 BY ADV. SRI.KRB.KAIMAL GOVERNMENT PLEADER SMT. N.SUDHADEVI R1 BY SRI.V.E.ABDUL GAFOOR, ADDL.CGSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 33026/2002 IN OP NO. 19326/2002 A. DISMISSED 27/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER DT. 2/12/2001 IN K.DIS 26866/2001/M6 ON THE FILE OF THE DIST. MAGISTRATE, EKM. EXT.P2. COPY OF THE APPEAL DT. 23/12/2001 BY THE PETITIONER AND ANOTHER BEFORE THE R1. EXT.P3. COPY OF THE ORDER DT. 18/2/2002 TO THE PETITIONER ON 23/4/2002 BY R1. EXT.P4. COPY OF THE LETTER DT. 30/5/02 ADDRESSED TO THE PETITIONER'S COUNSEL BY THE COUNSEL AT DELHI. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.19326 of 2002-A. ======================= Dated this the 27th day of March, 2008. J U D G M E N T The limited prayer of the petitioner in this writ petition is for a rehearing of an appeal filed before the Press and Registration Appellate Board which was dismissed by Ext.P3. The complaint is that the appeal was dismissed without hearing the petitioner or his counsel. 2. The petitioner filed the appeal against Ext.P1 order passed by the Addl.District Magistrate on a petition filed under Section 8B of the Press & Registration of Books Act, 1867. 3. Heard the learned counsel for the petitioner and the learned counsel for the 3rd respondent. 4. The learned counsel for the 3rd respondent submitted that the appeal itself was not maintainable as no appeal lie from the order Ext.P1. In any view of the matter, that is a matter to be O.P.No.19326 of 2002-A. -: 2 :- looked into by the appellate authority. But since in Ext.P3 no reasons for dismissal have been shown, I am of the view that the appeal has to be reheard by the Appellate Board after affording sufficient opportunity to the petitioner and his counsel. Therefore Ext.P3 is quashed. The first respondent is directed to rehear the appeal with notice to the petitioner and the 3rd respondent as expeditiously as possible. With the above direction the Original Petition is disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-