Madras High Court
R. Lakshminarayanan vs R. Venkatesan on 7 December, 2018
Author: K.K. Sasidharan
Bench: K.K. Sasidharan, P.D. Audikesavalu
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN
and
THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
CONTEMPT PETITION (MD) No. 2500 of 2017
R. Lakshminarayanan ... Petitioner/Petitioner
-vs-
R. Venkatesan, I.A.S.,
The Government of Tamil Nadu,
Rep. by its Secretary,
Tamil Development Department,
Secretariat,
Chennai – 600 009. ... Contemnor/First Respondent
PRAYER:- Petition filed under Section 11 of Contempt of Courts Act, 1971,
praying to punish the Respondent herein for the willful disobedience order of
this Court dated 22.04.2016 made in W.P. (MD) No. 20377 of 2015.
For Petitioner : Mr. P. Ganapathi Subramanian
For Contemnor : Mr. K. Chellapandian,
Additional Advocate General,
assisted by Mr. A.K. Baskarapandian,
Special Government Pleader.
http://www.judis.nic.in
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ORDER
(Order of the Court was made by P.D. AUDIKESAVALU, J.) The Petitioner, who is an activist deeply interested in the promotion of Tamil language and preservation of its culture, had made a representation dated 16.03.2013 to the Government of Tamil Nadu to take all necessary steps to teach Tamil through correspondence course to non-Tamils. The Deputy Secretary, Tamil Development Department, Government of Tamil Nadu by letter dated 17.07.2013 wrote to the Tamil University, Thanjavur, to give a proposal with regard to implementation of the request made by the Petitioner, viz., teaching Tamil through correspondence course to non-Tamils. The Tamil University, Thanjavur by its proposal dated 19.05.2014 informed the Director of Tamil Development, Directorate of Tamil Development, Government of Tamil Nadu, of the estimated cost of Rs.37,36,300/- for starting a correspondence course to teach non-Tamils. Thereafter, the Petitioner submitted a Petition dated 24.11.2014 to the Deputy Secretary, Tamil Development Department, Government of Tamil Nadu to implement the Scheme given by the Tamil University, Thanjavur by releasing the sum of Rs.37,36,300/- to that University. On 03.12.2014, the Deputy Secretary, Tamil Development Department, Government of Tamil Nadu informed the Petitioner that some more information was sought from the Directorate of Tamil Development in that regard. As no action was taken despite http://www.judis.nic.in 3 information given by the Directorate of Tamil Development to the Deputy Secretary, Tamil Development Department, Government of Tamil Nadu by letter dated 11.02.2015, the Petitioner gave another representation dated 25.05.2015 requesting release of the sum of Rs.37,36,300/- to the Tamil University, Thanjavur. The Petitioner was informed on 15.09.2015 that the request has been acceded, but as no action had been taken even then, the Petitioner filed a Public Interest Litigation in W.P. (MD) No. 20377 of 2015 before this Court seeking a Writ of Mandamus directing the Government of Tamil Nadu to implement the communication dated 11.02.2015 sent by the Directorate of Tamil Development and to take appropriate steps to teach Tamil language to non-Tamils throughout India by way of starting correspondence course through the Tamil University, Thanjavur within the time stipulated by this Court.
2. This Court, after hearing the parties, by order dated 22.04.2016 in W.P. (MD) No. 20377 of 2016 moulded the prayer sought in that Writ Petition and directed the Respondents, especially the Government of Tamil Nadu, positively to act upon the proposal sent by the Tamil University, Thanjavur, as approved by the Directorate of Tamil Department and sanction a sum of Rs.37,36,300 or more, if required to start a correspondence course at a nominal cost to teach Tamil not only to non-Tamils, but also to Tamils within a period of 12 weeks from the date of receipt of copy of that order, apart from http://www.judis.nic.in 4 making certain other suggestions in an endeavour to preserve and promote the Tamil language.
3. According to the Petitioner, as the aforesaid direction issued by this Court had not been implemented by the Respondents in that Writ Petition, he had issued a legal notice dated 09.06.2017 to the Government of Tamil Nadu and the Directorate of Tamil Department requiring compliance of the same, which had been replied by the Government of Tamil Nadu by letter No. 8923/Thava 2.2/2015-11 dated 28.06.2017. Further, in response to the query made by the Petitioner under the Right to Information Act, 2005, to the Tamil University, Thanjavur on 06.09.2017, it was informed that the sum of Rs.37,36,300/- that was directed to be sanctioned by this Court in the order dated 22.04.2016 in W.P. (MD) No. 20377 of 2015 had not been paid till then. In that factual backdrop, this Contempt Petition has been filed by the Petitioner complaining that there has been non-compliance of the aforesaid order passed by this Court.
4. The Secretary to Government of Tamil Nadu, Tamil Development and Information Department, Secretariat, Chennai has filed an Counter Affidavit dated 30.11.2018 stating, inter alia, that as already explained in the letter No. 8923/Thava 2.2/2015-11 dated 28.06.2017, the Government of Tamil Nadu has established Tamil Virtual Academy at Chennai, which comes http://www.judis.nic.in 5 under the control of the Information Technology Department, to teach Tamil from basic level to degree level and had offered courses to Tamils and non- Tamils across the world including other States of India. The details of the various courses offered, as noticed from the website of the Tamil Virtual Academy, are as follows:-
Fees for Fees for
Equivalent Candidates Candidates
Course Level
Standard registering registering
outside India from India
Basic Level Classes 1 & 2 US $ 15/- Rs. 400/-
Intermediate
Certificate Classes 3 & 4 US $ 15/- Rs. 400/-
Level
Course
Advanced
Classes 5 & 6 US $ 15/- Rs. 400/-
Level
Higher Grade – 1 Classes 7 & 8 US $ 15/- Rs. 400/-
Certificate Grade – 2 Classes 9 & 10 US $ 15/- Rs. 400/-
Course Grade – 3 Classes 11 & 12 US $ 15/- Rs. 400/-
Diploma Course
US $ 15/- Rs. 400/-
(for one paper)
Higher Diploma
Course (for one US $ 15/- Rs. 400/-
paper)
Degree Course
US $ 15/- Rs. 400/-
(for one paper)
It is further contended that inasmuch as Tamil Virtual Academy has been catering to the needs of teaching Tamil language from the level of Primary classes through Online Distance Education mode for more than 15 years http://www.judis.nic.in 6 across 20 countries including the other States of India, it would be a repetition of the same function by two different departments of the Government and allocating funds to the Tamil University, Thanjavur for that purpose. In that factual backdrop, it has been submitted that there has not been any wilful disobedience of the order dated 22.04.2016 in W.P. (MD) No. 20377 of 2015.
5. On a perusal of the aforesaid Counter Affidavit by the Tamil Development and Information Department, Government of Tamil Nadu, it is evident that there has been substantial compliance of the direction issued by this Court to the Government of Tamil Nadu to teach Tamil to Tamils and non-Tamils across the world as intended in the order dated 22.04.2016 in W.P. (MD) No. 20377 of 2015 and it would be duplication to start the same course by the Tamil University, Thanjavur on the proposal made by the Petitioner at an additional expenditure of Rs.37,36,300/-, and as such, it cannot be said that the Respondent have committed any act of wilful disobedience of the order passed by this Court warranting initiation of prosecution for contempt of Court.
6. At the same time, we also deem it necessary to observe that the Government of Tamil Nadu, the Directorate of Tamil Development, the Tamil http://www.judis.nic.in 7 Virtual Academy and the Tamil University, Thanjavur, ought to take zealous efforts to popularize the aforesaid Distance Education Programme, which is available at low cost to learn Tamil, by all possible means including the following:-
(i) periodically advertising in the media, social networks, public places and public modes of transport, recreation centres, etc.;
(ii) hiring stalls in book fairs and exhibitions;
(iii) liaisoning with and issuing circulars/pamphlets in private enterprises, such as, software companies and the Central Government owned / operated institutions in Tamil Nadu, where a large number of non-Tamil speaking people are employed;
(iv) providing a separate television channel for the Tamil Virtual Academy to impart Tamil classes;
(v) conducting weekend and holiday classes by establishing study centres of the Tamil Virtual Academy in schools, colleges and other educational institutions.
It is incumbent upon the Government of Tamil Nadu to submit a report of the follow-up measures it intends to take in this regard.
7. Further it requires to be pointed out that certain other suggestions have been made by this Court in order dated 22.04.2016 in W.P. (MD) No. 20377 of 2015 to propagate Tamil, in respect of which the authorities concerned would have to submit their report of action taken so far in this regard.
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8. Hence, we direct the Registry to list the matter on 11.02.2019 to examine the report of action taken on the suggestions made by this Court in these orders.
9. Before parting, it must also be highlighted here that the primordial focus has to be to encourage people by creating interest to voluntarily learn classical language of Tamil through user friendly programmes rather than adopting forceful or penalizing methods, which alienates them from mainstream Tamil culture.
10. Accordingly, the Contempt Petition is disposed with the aforesaid observations.
(K.K. SASIDHARAN, J.) (P.D. AUDIKESAVALU, J.) 07.12.2018 vjt Note: List the matter on 11.02.2019 for further orders. Index : Yes / No Internet : Yes / No http://www.judis.nic.in 9 To Secretary, The Government of Tamil Nadu, Tamil Development Department, Secretariat, Chennai – 600 009.
Copy to
1. The Director, Directorate of Tamil Development, Tamil Development Tamil Valarchi Valagam 1st Floor, Halls Road, Egmore, Chennai – 600 008.
2. The Director, Tamil Virtual Academy, Anna University Campus, Gandhi Mandapam Road, Kottur, Chennai – 600 025.
3. The Registrar, Tamil University, Thanjavur.
http://www.judis.nic.in 10 K.K. SASIDHARAN, J.
and P.D. AUDIKESAVALU, J.
vjt CONTEMPT PETITION (MD) No. 2500 of 2017 07.12.2018 http://www.judis.nic.in