Madras High Court
S.Muthusamy vs The Union Of India on 2 August, 2022
WP No.14277 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
WP No. 14277 of 2019
and WP Nos.14363, 14365 and 14366 of 2019
S.Muthusamy
Ex.M.L.C.,
Editor and Publisher – Asiriyar Perani,
6/11, College Hostel Street,
Gandhi Nagar, Namakkal & District. ... Petitioner
vs.
1. The Union of India
Rep. By Secretary to the Govt.
Department of Posts,
Shastri Bhavan, New Delhi.
2. The Post Master General,
Chennai City Region, Chennai 600 002.
3. The Director of Postal Services,
Chennai City Region, Chennai 600 002.
4. The Chief Postmaster,
Anna Road Head Post Office,
Chennai 600 002.
5. The Postmaster General,
Western Region,
Coimbatore 600 002.
1/8
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WP No.14277 of 2019
6. The Superintendent of Post Officers,
Namakkal Division,
Namakkal.
7. The Assistant Director (Mails)
O/o. Post Master General,
Chennai City Region,
Chennai 600 002.
8. The Senior Superintendent of Post Offices,
Chennai City Central Division,
Chennai 600 017.
*9. The Registrar,
Office of Registrar of News Papers for India,
Ministry of Information and Broad Casting,
9th Floor, Soochna Bhavan, CGO Complex,
Lodhi Road, New Delhi 110 003. ... Respondents
*R9 Suo Motu Impleaded vide order dated 06.07.2022
made in WP No.14277/2019 by RSMJ
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records
of the respondent No.2 issued in TCA/58-1/2012/CCR/pt dated at Chennai
600 002 the 22.04.2019 by confirming the order of the fourth respondent
issued in G2/RNP- Dlgs/2014 dated at Chennai 600 002 the 05.02.2014 and
quash the same, and issue a consequential direction to the respondents to
grant postal concession to the petitioners' News Paper namely “Asiriyar
Perani”.
2/8
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WP No.14277 of 2019
For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel
for Mr.R.Saseetharan
For Respondents : Mr. V.Udayakumar,
CGSC, for RR 1 to 8
Mr.R.Rajesh Vivekananthan
Assistant Solicitor General of India, for R9
ORDER
Challenge in the Writ Petition is to the proceedings of the Post
Master General, Chennai City Region, seeking recovery of a sum of
Rs.10,20,158/- towards short postage on the ground that the petitioner was
not having a valid registration as a Registered Newspaper of India with the
Registrar of Newspapers of India for the period between 01.01.2009 to
31.08.2012.
2. The petitioner would contend that it is a registered newspaper, it
had registration and it had been enjoying the concession ever since 1985.
The Superintendent of Post Offices had been periodically granting
concession to the petitioner, as it was recognised as a newspaper. For the
https://www.mhc.tn.gov.in/judis
WP No.14277 of 2019
relevant period, the office of the Chief Post Master, Anna Road, had granted
the concession by its order dated 29.12.2008 for the period between
01.01.2009 to 31.12.2011 and on 24.12.2011 for the period from
01.01.2012 to 31.12.2014. It is based on these orders of concession issued
by the Chief Post Master that the petitioner had been enjoying postage free
services for sending the magazine to the readers.
3. All on a sudden, the petitioner was directed to produce RNI
Registration. The petitioner could not produce the registration and it claims
that the certificate has been destroyed by termites. However, the
registration was renewed from the year 2013. The explanation of the
petitioner was rejected by the Department under the impugned order on the
ground that till the receipt of Consolidated Ruling dated 05.05.2008,
registration was granted even in the absence of RNI Certificate. It is only
after the receipt of the Consolidated Ruling dated 05.05.2008, production of
RNI Certificate became mandatory for availing concession by a Newspaper.
The recovery is based on the Report of P&T Audit Department, since the
petitioner had not produced the Certificate of Registration as a registered
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WP No.14277 of 2019
Newspaper of India.
4. The very impugned order shows that the orders granting
concession was passed after 05.05.2008 i.e. the date on which the
Consolidated Ruling was issued, mandating production of RNI Registration
for availing concession as a newspaper. If the Authorities had even after
05.05.2008 granted the concession to the petitioner on the basis that the
petitioner is a registered newspaper they cannot, based on a subsequent
objection by the Audit Department, withdraw the exemption and seek the
petitioner to pay the alleged loss. Admittedly, the two orders granting
concession to the petitioner were made on 29.12.2008 and 24.12.2011, long
after the issuance of the Consolidated Rulings. Therefore, having granted
the concession after the receipt of the Consolidated Rulings, it is not open to
the respondent to recall the said concession and require the petitioner to pay
the deficit postal charges.
5. The learned counsel appearing for the respondent would rely upon
the judgment of the Division Bench of this Court in WA No.625 of 2018 in
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WP No.14277 of 2019
B.Paul v. The Post Master General, wherein a challenge to the orders
withdrawing concession was dismissed by this Court. The copy of the
judgment produced by the Counsel does not set out the facts under which
the demand was made. But it could be culled out that RNI Certificate was
required to be produced in August 2012 itself, but the appellant therein did
not produce a Certificate and did not challenge the impugned demand on the
ground of non-production of Certificate. But the appellant gave a reply
stating that the Certificate is with the Department. Not convinced with the
reply, the Single Judge had dismissed the Writ Petition which has been
upheld by the Division Bench. I do not think the said judgment would
apply to the facts of this case.
6. Hence, the Writ Petition will stand allowed, the impugned demand
will stand quashed. No costs. Consequently, the connected miscellaneous
petitions are closed.
02.08.2022
jv
Index: Yes/No
Internet: Yes/No
speaking order/non-speaking order
https://www.mhc.tn.gov.in/judis
WP No.14277 of 2019
To
1. The Secretary to the Govt., Union of India
Department of Posts,
Shastri Bhavan, New Delhi.
2. The Post Master General,
Chennai City Region, Chennai 600 002.
3. The Director of Postal Services,
Chennai City Region, Chennai 600 002.
4. The Chief Postmaster,
Anna Road Head Post Office,
Chennai 600 002.
5. The Postmaster General,
Western Region,
Coimbatore 600 002.
6. The Superintendent of Post Officers,
Namakkal Division, Namakkal.
7. The Assistant Director (Mails)
O/o. Post Master General,
Chennai City Region,
Chennai 600 002.
8. The Senior Superintendent of Post Offices,
Chennai City Central Division,
Chennai 600 017.
9. The Registrar,
Office of Registrar of News Papers for India,
Ministry of Information and Broad Casting,
9th Floor, Soochna Bhavan, CGO Complex,
Lodhi Road, New Delhi 110 003.
https://www.mhc.tn.gov.in/judis
WP No.14277 of 2019
R.SUBRAMANIAN, J.
jv
WP No. 14277 of 2019
and WP Nos.14363, 14365 and 14366 of 2019
02.08.2022
https://www.mhc.tn.gov.in/judis
