S.Vijayapandian v. The Pm Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.(MD)No.10947 of 2024 S.VijayaPandian ... Petitioner -Vs1.The PM Secretary, Prime Minister Office, South Block, New Delhi-110011.

2.The Secretary, Ministry of Information and Broadcasting, Room No.655, A-Wing, Shastri Bhavan, Dr.Rajender Prasad Road, New Delhi-110001.

3.The News Broadcasters Association, Through President, FF-42, Omaxe Square, Commercial Centre, Jasola, South Delhi-110025. 4.The News Broadcasting & Digital Standards Authority (NBDSA), Through Secretary, C/o. News Broadcasters Association, 2nd Floor Sector 62, Noida, Utter Pradesh-201301. 5.The Telecom Regulatory Authority of India (TRAI), Mahanagar Doorsanchar Bhawan, New Delhi-110002.

6.The Press Council of India, Through Secretary, Soochna Bhawan, 8 CGO Complex, Lodhi Road, New Delhi-110003.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 02.01.2024.

For Petitioner : Mr.S.VijayaPandian (Party-in-Person)

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] The prayer sought for in this Writ Petition is to direct the 2nd respondent to consider the petitioner's representation dated 02.01.2024. 2.The petitioner, who is a practising Lawyer at Utthamapalayam Court and other Courts, has filed this Writ Petition as a Public Interest Litigation with the aforesaid prayer.

3.His grievance is that insofar as the electronic media in this country is concerned, there are national channels in national language as well as regional language. That apart, there are number of private channels mainly in the regional language.

4.In the State of Tamil Nadu, though there has been number of private news channels in the regional language of Tamil and one national channel also in the language of Tamil, they are mainly concentrating National news as well as State news. However, insofar as the local news are concerned, when the fundamental rights of the local people are violated by the authorities or power groups, how to espouse such grievance through media is not known to the local people, who are innocents, as they have been guaranteed under Right to Life and Right to Expression under Article 21 as well as Article 19(1) of Constitution of India.

5.Therefore, in order to espouse such causes of the local public, the petitioner needs local channels that means electronic media for the revenue district is to be established by the Central authorities as well as the State authorities. If such kind of channels are established, those local issues can be predominantly, taken care of.

6.In this context, the petitioner had given a representation on 02.01.2024 to the Principal Secretary of the Prime Minister's Office, New Delhi and in order to consider the said representation, he has moved this Writ Petition with the aforesaid prayer.

7.Having heard the petitioner, who appeared party-in-person, we are of the view that the contents that are found in his representation dated 02.01.2024, are general in nature, which are all the issues to be addressed in Public Address System as a responsible citizen and not to be considered by any authority much less the office of the Prime Minister, for which, the petitioner cannot seek for a Writ of Mandamus.

8.Assuming that the Public Interest Litigations are being entertained by our law Courts in India, that would not give any licence to every citizen of this Country to come to the law Courts, especially, High Courts to exercise the jurisdiction under Article 226 of Constitution of India to issue various prerogative Writs in the name of public interest for any issues, which, normally, would not be resolved by giving any directions by Court of law. 9.Moreover, vague allegations and expressions being made by citizen cannot constitute a cause of action even for Public Interest Litigation to approach the Court of law to seek remedy by way of Writ of Mandamus or otherwise.

10.The present Writ Petition is one such Writ Petition filed by the petitioner, who appeared party-in-person and therefore, the prayer sought for by the writ petitioner, seeking a direction by way of Writ of Mandamus to the 2nd respondent to consider his representation dated 02.01.2024, cannot be granted. 11.Moreover, on 01.04.2024, the Government of India, Ministry of Information & Broadcasting, New Delhi, has sent a reply to the petitioner, stating that whatever the contents that have been made in the representation of the petitioner, were suggestive in nature. Therefore, in case, if he has got any specific complaint against a programme content telecast by a TV channel, he is advised to file a complaint directly to the broadcasters with the specific details to take necessary action as per the Cable Television Networks (Regulation) Act, 1995 and the rules framed thereunder.

12.Here, exactly, the grievance that has been mentioned in the representation dated 02.01.2024 is general in nature, vague and not specific against any TV channel. Therefore, such a vague allegation made in the representation dated 02.01.2024 cannot be directed to be considered by any of the authority, for which, no Mandamus can be issued by this Court by exercising the

jurisdiction under Article 226 of Constitution of India that too in the name of Public Interest Litigation.

13.For all these reasons, this Writ Petition deserves to be rejected, accordingly, it is rejected. No costs.

[R.S.K., J.] & [G.A.M., J.] 03.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

R.SURESH KUMAR, J.

AND G.ARUL MURUGAN , J.

Yuva W.P.(MD)No.10947 of 2024 03.06.2024