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Madras High CourtWP/16250/2021disposed of

Tamilnadu Retired Officials Association v. The Superintendent Of Post Offices

2021-11-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.16250 of 2021 in WMP.No.19761 of 2021

1. Tamil Nadu Retired Official's Association, Rep. by its DPI Campus, College Road, Chennai-6.

...Petitioner

Versus

1. The Superintendent of Post Offices, Chennai City Central Divisions, Chennai.

2. The Registrar, Office of the Registrar of Newspapers of India, (Ministry of Information & Broad Casting) 9th Floor, Soochna Bhawan, CGO Complex, Lodhi Road, New Delhi-110003.

...Respondents

Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 16.07.2021 to direct the first respondent to renew their postal registration No.TN/CH(C)/343/2018-2020 and WPP No.TN/PMG(CCR)/WPP-282/20182020 to avail the postal charges concession toward for the circulation of magazines to the petitioner pending renewal of the RNI Certificate bearing No.TNBIL/2000/01871 dated 16.03.2018 of the petitioner with the second respondent. For Petitioner : Mr.M.Aravind Subramaniam For Respondents : No appearance

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 16.07.2021 and to direct the first respondent to renew their postal registration No.TN/CH(C)/

343/2018-2020 and WPP No.TN/PMG(CCR)/WPP-282/2018-2020 to avail the postal charges concession towards for the circulation of magazines to the petitioner pending renewal of the RNI Certificate bearing No.TNBIL/2000/01871 dated 16.03.2018 of the petitioner with the second respondent.

2.

The petitioner is an association established for the welfare of the retired Government officials of Tamil Nadu and running about more than 50 years and the same was recognized by the Government of Madras in the year 1964 vide G.O.Ms.No.10 dated 03.01.1964. The petitioner association was established a periodical magazine in the name of ''Retired Official'' and validity of the license in RNI certificate issued by the second respondent is for life time. But when the office bearers changed, the modification should be renewed in the RNI Certificate. As per the resolution dated 26.07.2019, the office bearers viz., Publisher, printer and Editor were changed. Hence the petitioner has applied for the renewal of license of RNI certificate along with relevant documents to the second respondent on various dates. However, till date the second respondent has not renewed the RNI Certificate to the petitioner Association.

3. According to the petitioner, on the RNI Certificate dated 16.03.2018 issued by the second respondent, the petitioner has also registered with the Department of Posts for the purpose of getting concession in the costs of circulation of the magazines to their members/subscribers. Thereby, the petitioner herein has registered with the first respondent. Since the license issued by the second respondent has not been renewed, the first respondent is not able to process with the concessions to the postal charges incurred in circulating the magazines to the members. Therefore, the petitioner has filed the present writ petition before this court.

4. The learned counsel for the petitioner submitted that the petitioner association has applied for renewal of license of RNI certificate with the second respondent on various occasions. During pendency of this petition, the second respondent, vide order dated 24.08.2021, issued the RNI Certificate of the petitioner's association. Hence, there is no embargo to the first respondent to extent the concessional postal charges in favour of the petitioner association. The learned counsel prays that this Court may issue a direction to the first respondent to extent the concessional postal charges.

5. Heard the learned counsel for the petitioner and the learned Government Counsel for the first respondent and perused the materials placed on record.

6. Considering the facts and circumstances of the case, this court, directs the petitioner association to make a fresh representation to the first respondent along with RNI license and relevant copies within a period of two weeks from the date of receipt of a copy of this order. The first respondent shall consider the petitioner representation, if any filed, and pass appropriate orders on merits and in accordance with law, within a period of two weeks thereafter.

7.

Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar rli To

1. The Superintendent of Post Offices, Chennai City Central Divisions, Chennai.

2. The Registrar, Office of the Registrar of Newspapers of India, (Ministry of Information & Broad Casting) 9th Floor, Soochna Bhawan, CGO Complex, Lodhi Road, New Delhi-110003.

+1cc to Mr.M.Aravind Subramaniam, Advocate, S.R.No.57432 W.P.No.16250 of 2021 in WMP.No.19761 of 2021 KSM[co] NSK 10/12/2021