Madras High Court
The Union Of India vs M/S.Living Media India Ltd on 10 July, 2023
W.A. No.3847 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 10.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. No.3847 of 2019
and CMP.No.24664 of 2019
1. The Union of India,
Ministry of Communications,
Department of Post,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
2. The Chief Post Master General,
Tamil Nadu Circle,
Mount Road, Chennai 600 002. .. Appellants
Vs.
M/s.Living Media India Ltd.,
Rep. by its General Manager-Sales (South),
Mr.C.V.Vaidyalingam,
No.98-A, Dr.Radhakrishnan Salai,
II Floor, Mylapore,
Chennai 600 004. .. Respondent
Page No.1 / 6
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W.A. No.3847 of 2019
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 16.06.2009 made in WP.No.17113 of 1999 passed by the
learned Single Judge of this Court.
For appellant : Mr.Venkatasamy Babu
For respondents : Mr.Subha Reddy
JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
Challenge in the Writ Petition is to the validity of the note appended
to Rule 30 of the Indian Post Office Rules, 1993 issued by the Union of
India in exercise of the powers conferred by the Indian Post Office Act,
1898.
2. The note appended to the above provision reads as follows:
"Note - Any newspaper in which a document of the
following descriptions is enclosed as a supplement shall be
treated as a book packet:-
(i) an advertisement sheet printed for an advertiser and sent
to the publisher of newspaper for distribution with it;
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W.A. No.3847 of 2019
(ii) an advertisement sheet with an order form attached a
prospectus with an application from attached or a proposal or
enquiry form;
(iii) any document drawn up in the form of a direct personal
communication to the recipient such as a printed circular in
the form of a letter purporting to be addressed to a person by
whom the newspaper in which it is enclosed is received."
3. The learned Single Judge while allowing the Writ Petition struck
down the note appended to sub Rule (1) to Rule 30 of the Indian Post Office
Rules.
4. When a similar Writ Appeal filed by the appellant Department was
dismissed, they filed an appeal before the Hon'ble Supreme Court in
CA.Nos.2312 and 2313 of 2010. The Supreme Court dismissed the said
appeal vide order dated 16.02.2023 holding that the respondents satisfy both
the conditions stipulated in the Rule 17(B) of Indian Post Office Rules.
Therefore, there is no way that the magazines sent by the respondents could
be treated only as book packets, not as book packets containing periodicals.
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W.A. No.3847 of 2019
5. The learned counsel for the respondent submitted that the issue
involved in this Writ Appeal is already decided by the Supreme Court in
CA.Nos.2312 and 2313 of 2010. Therefore, the said decision of the Hon'ble
Supreme Court squarely applies to the instant appeal. The relevant portion
of the said order is extracted hereunder:
"There is no denial of the fact that the respondents
satisfy both the conditions stipulated in the aforesaid rule.
Therefore, there is no way that the magazines sent by the
respondents could be treated only as book packets not as
book packets containing periodicals.
As a matter of fact the entire grounds of the above civil
appeals revolve only around this question of fact about the
application of Rule 17(B).
Therefore, we find that the impugned order of the High
Court does not call for any interference. Hence, the appeals
are dismissed."
6. In our considered view, the decision referred supra, would squarely
apply to the case on hand. In such view of the matter, the appellant is not
entitled to the relief sought for in the Writ Appeal. In fine, this Writ Appeal
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W.A. No.3847 of 2019
fails and the same is dismissed on the same lines, as extracted in the above
paragraph. No costs. Consequently, connected miscellaneous petitions are
closed.
[D.K.K., J] [P.B.B., J.]
10.07.2023
Speaking order: Yes/No
Index : Yes/No
pvs
https://www.mhc.tn.gov.in/judis
W.A. No.3847 of 2019
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. No.3847 of 2019
10.07.2023
https://www.mhc.tn.gov.in/judis
