B. Paul v. The Post Master General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.7.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.625 of 2018 and C.M.P.No.6108 of 2018 B.Paul ... Appellant

Versus

1. The Post Master General CCR, Chennai 600 002.

2. The Superintendent of Posts, Kancheepuram Division.

3. The District Collector, Kancheepuram.

4. The Tahsildar, Pallipattu Taluk, Tiruvallur District.

... Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 2.3.2018 passed in W.P.No.4703 of 2018 on the file of this court.

Writ Petition filed Under Article 226 of the Constitution of India Praying for issuance of Writ of Certiorari calling for the record of the 2nd respondent in No. G/RNP/dlgs dated at Kanchipuram 631 501 and quash the order dated 2.9.2013. For appellant : Mr.V.V.Sairam For RR1 and 2 : Mr.J.Madanagopal Rao For RR3 and 4 : Mr.P.S.Sivashanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by M.DHANDAPANI, J.) Heard the learned counsel appearing for the parties for some time.

2. The intra-court appeal has been filed by the writ petitioner challenging the order passed by the learned Single Judge in dismissing the writ petition.

3. The petitioner claims to be the Editor of a registered newspaper viz., "Malaradigal" and he is said to have enjoyed the postal concession from the year 1984, however, when the Postal authorities had demanded for production of "RNI" Certificate in that regard as early as in the month of August 2012, he was not able to produce the same and therefore, the impugned order was passed by the second respondent demanding a sum of Rs.9,90,000/- to set right the loss of revenue caused by him to the Postal Department, which was challenged by the appellant in the writ petition.

4. The learned Single Judge, after elaborately discussing the above aspects, has rightly found that when the Postal Department had sought for production of the "RNI" certificate during August 2012 itself, the appellant, without either producing the certificate required by the Postal Department or challenging the demand by way of impugned order dated 2.9.2013 made by the Postal Department immediately, had chosen to give a reply on 5.9.2013 contending that the said certificate is only with the respondent-Department, which is not convincing.

5. Therefore, we do not find any reason to interfere with the order passed by the learned Single Judge. Accordingly, the writ appeal is dismissed. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

ssk.

To:

1. The Post Master General CCR, Chennai 600 002.

2. The Superintendent of Posts, Kancheepuram Division.

3. The District Collector, Kancheepuram.

4. The Tahsildar, Pallipattu Taluk, Tiruvallur District.

+1cc to Mr.V.V.Sairam, Advocate Sr.48820 +1cc to Mr.J.Madanagopal Rao, Advocate Sr.49299 W.A.No.625 of 2018 ks[co] srg 31/08/2018