Madras High CourtWP/36437/2023disposed of

Thirunangai Press Llp v. The Principal Secretary To Government

2023-12-28Honourable Mr Justice V. Lakshminarayanan8 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2023

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN And W.M.P.Nos.36447, 35104 and 35110 of 2023 Thirunangai Press LLP Represented by Grace Banu D No.8/7, Sandeep Nagar, Manthithopu, Kovilpatti, Tuticorin ... Petitioner in W.P.36437/2023 Pradeep Publisher, M/s.Ezhuchchi Pathipagam, 182, Karattan Kadu, Lakkapuram, Erode - 638 002.

... Petitioner in W.P.35125/2023 K.Senthamizhselvi Publisher, M/s.Voice of Buddha, 11/5, Vadivelu Main Street, Perambur, Chennai - 600 011.

... Petitioner in W.P.35128/2023 Vs.

1.The Principal Secretary to Government, Department of School Education, 1/8

3.The Principal Secretary to Government, Social Welfare Department, 4.The Book Sellers & Publishers Association of South India (BAPASI), 8, Second Floor, Sun Plaza, G.N.Chetty Road, Chennai - 600 006.

... Respondents in W.P.36437/2023 1.The Principal Secretary to Government, Department of School Education, 3.The Principal Secretary to Government, Department of Finance, 4.The Booksellers And Publishers Association of South India (BAPASI), No.8, II Floor, Sun Plaza, 19, G.N.Chetty Road, Chennai - 600 006.

(R4 - Suo Motu impleaded as per order dated 21.12.2023 in W.P.35125/2023 by ASMJ) ... Respondents in W.P.35125/2023 1.The Principal Secretary to Government, Department of School Education, 2/8

3.The Principal Secretary to Government, Department of Finance, 4.The Booksellers And Publishers Association of South India (BAPASI), No.8, II Floor, Sun Plaza, 19, G.N.Chetty Road, Chennai - 600 006.

(R4 - Suo Motu impleaded as per order dated 21.12.2023 in W.P.35128/2023 by ASMJ) ... Respondents in W.P.35128/2023 Prayer in W.P.No.36437 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to accept petitioner's application as a Transgender Scheduled Caste Book Publisher and allot two stalls (18 feet) at the same rate fixed for the 'permanent members' of BAPASI in all the upcoming Annual Chennai Book Fair and refund the excess amount paid by the petitioner, and direct the first respondent to implement G.O.(Ms) No.130 dated 25.07.2023 issued by School Education Department (Pub.Lib.2), in its true spirit, and consequently conduct the Annual Chennai Book Fair routinely held at YMCA Ground by giving enough representation to publishers and book sellers who are Transgender persons and those belongs to Scheduled Castes and Scheduled Tribes in order to implement the policy of inclusiveness and social justice. 3/8

Prayer in W.P.No.35125 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 06.11.2023 by directing the first respondent to implement in the upcoming years the G.O.(Ms) No.130 dated 25.07.2023 issued by School Education Department (Pub.Lib.2), in its true spirit, and conduct the Annual Chennai Book Fair routinely held at YMCA Ground, and, consequently direct the first respondent to implement the direction of Hon'ble Tamil Nadu State Commission for Scheduled Castes and Scheduled Tribes vide its Press Release No.16/2022; dated 13.12.2022 to ensure the publishers and booksellers belonging to Scheduled Castes and Scheduled Tribes to inclusively participate in the Chennai Book Fair and to ensure enough representation for them in the Government's Permanent Book Park initiative and the Government's Book Fair Organizing Committee (xU';fpizg;g[f; FG) which is specifically responsible for Chennai and the remaining Districts of Tamil Nadu as well. Prayer in W.P.No.35128 of 2023:

Nadu State Commission for Scheduled Castes and Scheduled Tribes vide its Press Release No.16/2022; dated 13.12.2022 to ensure the publishers and booksellers belonging to Scheduled Castes and Scheduled Tribes to inclusively participate in the Chennai Book Fair and to ensure enough representation for them in the Government's Permanent Book Park initiative and the Government's Book Fair Organizing Committee (xU';fpizg;g[f; FG) which is specifically responsible for Chennai and the remaining Districts of Tamil Nadu as well.

For Petitioners : Mr.C.Prabhu For Respondents : Mr.M.Rajendran for R1 to R3 Additional Government Pleader Mr.J.Ramesh for R4 C O M M O N O R D E R In all these writ petitions, the grievance of the petitioners is that the fourth respondent i.e., The Booksellers And Publishers Association of South India is not allocating shops to the writ petitioners. 2.Mr.J.Ramesh, learned counsel appearing for the fourth respondent submits that BAPASI has informed the second respondent i.e., The Director, Directorate of Public Libraries, that shops have been allotted to all the three writ petitioners. The positioning of the shops is decided by way of lucky dip which is to be conducted tomorrow 5/8

namely, 29.12.2023. He states that all the three petitioners can participate in the lucky dip to select the position of their shops in the book fair.

3.Recording the same, these writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

28.12.2023 pri/mst Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Principal Secretary to Government, Department of School Education, 3.The Principal Secretary to Government, Social Welfare Department, 6/8

4.The Book Sellers & Publishers Association of South India (BAPASI), 8, Second Floor, Sun Plaza, G.N.Chetty Road, Chennai - 600 006.

5.The Principal Secretary to Government, Department of Finance, 7/8

V.LAKSHMINARAYANAN,J.

pri/mst W.P.Nos.36437, 35125 and 35128 of 2023 And W.M.P.Nos.36447, 35104 and 35110 of 2023 28.12.2023 8/8