Kerala High Court
Baisil Attipetty @ Basil A.G vs State Of Kerala on 11 April, 2012
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 31ST DAY OF MAY 2012/10TH JYAISHTA 1934
WP(C).No. 7543 of 2012 (S)
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PETITIONER(S):
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BAISIL ATTIPETTY @ BASIL A.G., AGED 56 YEARS
S/O.GEORGE, ATTIPETTY HOUSE, NAYARAMBALAM P.O.
KOCHI-682 509.
BY ADV. SRI. A. G. BASIL
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT
GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695001.
2. HOME DEPARTMENT REPRESENTED BY ITS SECRETARY TO
GOVERNMENT,
GOVERNMENT OF KERALA, TRIVANDRUM, PIN-695001.
3. LABOUR DEPARTMENT REPRESENTED BY ITS SECRETARY TO
GOVERNMENT,
GOVERNMENT OF KERALA, TRIVANDRUM, PIN-695001.
4. DEPARTMENT OF INFORMATION & PUBLIC RELATION
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GOVERNMENT OF KERALA, TRIVANDRUM, PIN-695001.
5. MANAGING DIRECTOR
MALAYALA MANORAMA DAILY NEWS PAPER
PANAMPILLY NAGAR, KOCHI-682036.
6. MANAGING DIRECTOR
MATHRUBHOOMI DAILY, KALOOR, KOCHI-682017.
DCS
WP(C).No. 7543 of 2012 (S)
7. MANAGING DIRECTOR
THE HINDU DAILY, BYE PASS, VYTILLA
KOCHI-682019.
8. INDIAN NEWSPAPER SOCIETY
REPRESENTED BY ITS KERALA CHAPTER SECRETARY
NEAR MAMMEN MAPPILA HALL, KOTTAYAM-656074.
9. THE NEWSPAPER AGENTS AND DISTRIBUTORS UNION
REPRESENTED BY ITS SECRETARY
THIRUVANANTHAPURAM-695001.
10. NEWSPAPER AGENTS ASSOCIATION,
REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.
11. UNION OF INDIA
REPRESENTED BY SECRETARY TO MINISTRY OF INFORMATION AND
BROADCASTING
NEW DELHI, PIN-1100.
* ADDITIONAL RESPONDENT NO. 12 IS IMPLEADED SUO MOTU
12. THE COORDINATION COMMITTEE OF KERALA STATE
NEWSPAPER AGENTS
REPRESENTED BY ITS SECRETARY
ANNIE HALL ROAD
KOZHIKODE - 2
* IS IMPLEADED SUO MOTU AS ADDITIONAL RESPONDENT NO. 12 VIDE
ORDER DATED 11.04.2012 IN WP(C).
R1 TO R4 BY GOVERNMENT PLEADER SRI. P. FAZIL
R5 BY ADVS. SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
R6 BY ADVS. SRI.R.D.SHENOY (SR.)
SRI.S.VINOD BHAT
SRI.LEGITH T.KOTTAKKAL
R7 BY ADV. SMT.SREEKALA KRISHNADAS
R11 BY SRI. P. PARAMESWARAN NAIR, ASG OF INDIA
R12 BY ADV. SRI. SEBASTIAN PAUL
BY ADV. SRI.M.I.JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 7543 of 2012 (S)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXHIBIT P1: COPY OF LETTER DATED 23.03.2012 SENT BY THE PETITIONER TO
THE IST RESPONDENT
RESPONDENTS' EXHIBITS :-
EXHIBIT R5(a): COPY OF THE TABULATION SHOWING AVERAGE TRADE TERMS
OF SOUTH INDIAN DAILIES, REFERRED TO IN THE COUNTER
AFFIDAVIT
EXHIBIT R5(b): COPY OF JUDGMENT DATED 29.03.2012 RENDERED BY THE
HONOURABLE COURT IN W.P. (C) NO. 6997 OF 2012 Y
EXHIBIT R5(c): COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI
DAILY ON 02.04.2012 ON THE STAND OF CPI(M) ALONG WITH
TRANSLATED COPY.
EXHIBIT R5(d): COPY OF NEWS ITEM PUBLISHED IN TIMES OF INDIA, DATED
02.04.2012
/TRUE COPY/
P.A. TO JUDGE
DCS
MANJULA CHELLUR (Ag.CJ)
& A.M.SHAFFIQUE, J.
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W.P.(C) No. 7543 of 2012
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Dated this the 31st day of May, 2012
J U D G M E N T
MANJULA CHELLUR (Ag.CJ) The present petition is in the nature of a public interest litigation seeking following reliefs:
"1. Declare that the petitioner as well as the general public in Kerala have a right to receive daily newspapers in their houses, libraries, offices and living quarters as done in the earlier days before 20.3./2012.
2. Declare that nobody has a right to make hindrances, hurdles, obstructions in supplying newspapers in houses, libraries, offices and living quarters.
3. Direct the respondents 1 to 4 to settle the issue amicably.
4. Direct the first respondent to form a committee with the representatives of the newspaper owners, the Government, the newspaper agents and cultural leaders in Kerala to settle the issue immediately. W.P.(C) No. 7543 of 2012 2
5. And order any other relief deem fit and appropriate by this Honourable Court".
2. According to the petitioner, since time immemorial, the people of Kerala have developed the habit of reading the newspaper first and then attending to daily routine. Therefore, denial of supply of newspaper from 20.3.2012 has caused immense inconvenience and great hardship to the people of Kerala. When the matter came up for admission, having regard to the issues involved, the matter was referred to Mediation Centre after impleading the 12th respondent.
3. The report of the Mediator informs failure of mediation. However, during the pendency of the proceedings before the Mediation Centre, the newspaper agents, who were on strike withdrew their strike. There is no disturbance to the supply of newspaper as alleged in the writ petition. What we could gather from the submissions of the learned counsel for the petitioner, newspaper management and the newspaper agents' union that some of the agencies are revived and some agents are still waiting for a call from the management to talk to them and they are not yet given any hearing. The fact remains that the dispute between the management and the agents is purely a contractual obligation between the parties in terms of the contract W.P.(C) No. 7543 of 2012 3 entered into between them. The reliefs sought for by the petitioner is entirely a different one. We cannot decide the civil dispute between the parties, that is contractual rights and obligations, and this is not the forum to hear such issues. Having regard to the withdrawal of the strike and smooth functioning of the newspaper, we are of the opinion there is no need for us to keep the matter pending. However, we also make it clear that all such newspaper agents, who have not yet got any benefits or revival of agency are at liberty to approach the proper forum for redressal of their grievances.
With these observations, we dispose of the writ petition. So far as the academic issue raised by the petitioner whether the persons concerned with the printing of the newspaper or others who are connected to the distribution of the newspaper can go on with the strike will be considered in an appropriate case when need arises.
(sd/-) MANJULA CHELLUR (ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE , JUDGE) rka