I BALAMANI Vs. SENIOR SUPERINTENDENT OF POST OFFICES

JUDGEMENT

(1.) THIS writ petition has been instituted seeking a writ of mandamus by directing respondents 1 and 2 to accord registration of the journal "law Animated world" published by the petitioner. The petitioner has also solicited compensation to be paid for the intransigence of the respondents 1 and 2.

(2.) THE petitioner seems to have taken to publication of a journal titled "law animated World" with a view to report importance decisions rendered by various court across the globe. The Registrar for newspapers of India had accorded the necessary Certificate of Registration on 2. 4. 2007. Thereafter, in terms of Section 9 of the Indian Post Office Act, the petitioner had applied for registration of the journal so as to avail the concession of duty of postage. By a communicated dated 21. 5. 2007, the 1st respondent has declined to accord the postal registration as (1) The magazine solicited donation of Rs. 50/- or more by printing on its right side top cover and (2)the entire contents of the magazine did not reveal anything relating to political or current events, news or topics. In spite of the efforts made by the petitioner to convince the respondents 1 and 2 that their action is contrary to law, no meaningful process has emerged therefrom. Hence, this writ petition.

(3.) RIGHT at the outset, it is relevant to notice some of the importance provisions of indian Post Office Act, 1898, Act No. 6 of 1898, henceforth referred to as 'act'. In section 2, various expressions reflected in the Act have been defined. The expression "postal article" has been defined in section 2 (i) as inclusive of a letter, postcard, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post. Thus, a very wide and sweeping definition has been accorded to the expression "postal article". Under section 4 exclusive privilege has been reserved to the Central Government for conveying letters. Section 7 of the Act is a charging provision, which enables the Central government to fix the rates of postage and other sums to be charged in respect of postal articles sent by Inland Post.