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8. The appellant produced before this Court, for the first time, a letter dated 31.3.2004 addressed by the Director of Information & Public Relations to the Special Government Pleader, Madras, informing that "Madurai Mani" had a circulation of 28475 in various parts of Madras area during 1998 to 2000 (that is an average circulation of 6200, 4657 and 5200 for Central Madras, South Madras and North Madras and 3100, 3450, 3550 and 2300 for Tambaram, Chengalpattu, Kancheepuram and Tiruvallur); and that "Kadhiravan" had a circulation of 42,000 to 48,000 copies per day in and around Madras City but it had stopped publication on 14.11.2001. It was submitted that these published figures are in public domain and therefore the said information, though not produced before the High Court, should be permitted to be placed on record in the interest of justice.

Re : Question (ii) : Validity of the acquisition

22. The copy of the communication dated 31.3.2004 sent by the Director of Information and Tourism (Advertisement) Department in Tamil Nadu shows that between 1998 to 2000 "Madurai Mani" had a circulation of 6200, 4675, 5200 and 3100 in Central Madras, South Madras, North Madras and Tambaram areas and "Kadiravan" had a circulation of 42,000 to 48,000 in Chennai area. On the other hand the material produced by the respondents show that the total circulation of regional newspapers in Chennai was around a million, that several regional newspapers had circulations varying between 80,000 to 2,00,000 in Chennai, and the Madurai Mani with a Chennai circulation of 28465, had a market share of 3% out of the total circulation of regional newspapers. `Kadiravan' also apparently had a market share of 4% before its closure. The two newspapers were not therefore newspapers having no circulation in the locality. We however agree, having regard to the circulation figures, with the finding of the High Court that the newspapers did not have a reasonably wide circulation in the locality.