The Chief Post Master vs Tamil Nadu Electricity Board ...
2023 Latest Caselaw 8149 Mad

                                                                           W.A.No.1481 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:       12.07.2023

                                                    CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                          AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1481 of 2023

                     1.The Chief Post Master,
                       Office of the Chief Post Master,
                       Anna Road HPO,
                       Chennai-2.

                     2.The Senior Superintendent of Posts,
                       Office of the Senior Superintendent of Post Offices,
                       Chennai City Central Division,
                       Chennai-17.                                         .. Appellants

                                                          Vs

                     1.Tamil Nadu Electricity Board Engineers' Sangam,
                       Registration Number 124/MDS (Recognized),
                       rep. by its Secretary V.Ashok Kumar
                       793, Anna Salai, Chennai-600 002.

                     2.R.Sankaran
                       Publisher and Editor,
                       Minalai (Tamil and English Monthly)
                       Tamil Nadu Electricity Board Engineers' Sangam,
                       793, Anna Salai, Chennai-600 002.               .. Respondents




                     __________
                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.1481 of 2023



                     Prayer: Appeal under Clause 15 of the Letters Patent against the order
                     29.3.2019 passed in W.P.No.8382 of 2016 by the learned Single
                     Judge.




                                      For the Appellants      : Mr.K.Gunasekaran
                                                                for Ms.Sunita Kumari


                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.K.Gunasekaran, learned counsel for the

appellants.

2. The appellants assail the order passed by a learned Single

Judge of this court, thereby allowing the writ petition filed by the

present respondents bearing W.P.No.8382 of 2016.

3. The present respondents/original writ petitioners had

challenged the demand notices issued by the present appellants and

sought directions to renew the RNP license of the original writ

petitioners and to permit the original writ petitioners to post their

__________

https://www.mhc.tn.gov.in/judis W.A.No.1481 of 2023

magazines at concessional rate. The learned Single Judge has set

aside the demand notices.

4. Learned counsel for the appellants submits that the original

writ petitioners did not possess the necessary certificate as required

under the statute. As such, the original writ petitioners are not

entitled to concessional rate. Inadvertently, concessional charges

were levied. In view of that, the appellants are entitled to recover

the deficit charges. The said aspect has not been considered by the

learned Single Judge.

5. The appellants had earlier, in the year 2013, issued

demand notices on the ground that the respondents/original writ

petitioners do not possess RNP license or a certificate under the

provisions of the Press and Registration of Books Act, 1967. The

respondents/original writ petitioners filed W.P.No.23360 of 2013.

The same was decided by a learned Single Judge of this court under

order dated 16.9.2015. In the said judgment also, the learned

Single Judge observed that the respondents/original writ petitioners

__________

https://www.mhc.tn.gov.in/judis W.A.No.1481 of 2023

have the requisite certificate under the Indian Postal Act, 1898, as

mandated under Section 9 of the said Act. A concession has been

given to the writ petitioners from the year 1973 onwards and the

said concession was renewed from time to time. The said finding

has become final. As such, it would be too late in the day for the

appellants to contend that the respondents/original writ petitioners

do not possess the necessary license or certificate of registration.

6. The learned Single Judge in the impugned judgment has

also observed that the respondents/original writ petitioners possess

the necessary certificate under the provisions of the Press and

Registration of Books Act, 1967. It is also observed that the

appellants had sent the impugned demand notices only based on

audit objections without verifying the RNP licence of the original writ

petitioner and, accordingly, set aside the demand notices.

7. Even a show cause notice was not issued to the original writ

petitioners as directed in the earlier judgment of this court.

__________

https://www.mhc.tn.gov.in/judis W.A.No.1481 of 2023

8. We do not find any illegality committed by the learned

Single Judge in passing the impugned order.

The writ appeal is dismissed. There will be no order as to

costs.

                                                        (S.V.G., CJ.)                (P.D.A., J.)
                                                                        12.07.2023
                     Index            :           Yes/No
                     Neutral Citation :           Yes/No
                     sasi




                     __________

https://www.mhc.tn.gov.in/judis W.A.No.1481 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.1481 of 2023

12.07.2023

__________

https://www.mhc.tn.gov.in/judis