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1994 Supreme(Mad) 772

SRINIVASAN, RAJU, A.R.LAKSHMANAN
S. Balasubramanian – Appellant
Versus
State of Tamil Nadu and Others – Respondent


Mohan Parasaran, R. Krishnamoorthy, R. Muthukumaraswamy, Advocates.

Judgment :

RAJU, J.:-

These two writ petitions have been filed by the very same petitioner who, during the relevant period of time, was the Editor of "Ananda Vikadan" a Tamil weekly having its registered Office at No. 758, Anna Salai, Madras-2. W.P. No. 4203 of 1987 has been filed for a writ of declaration, declaring that the Resolution passed by the Tamil Nadu Legislative Assembly dated 4-4-1987 sentencing the petitioner to three months rigorous imprisonment as unconstitutional, null and void, illegal and unenforceable. W.P. No. 4202 of 1987 has been filed for a writ of mandamus, directing the respondents to compensate the petitioner for the alleged flagrant violation claimed to have been committed of the petitioners fundamental rights on account of imposing of a rigorous imprisonment for three months.

2. The controversy between the parties hereto has its origin centering around a cartoon published on the outer wrapper rather the front cover page of the Tamil weekly Ananda Vikadan bearing the date of issue 29-3-1987. It is an accepted fact that the particular issue in question was available at the news stand for sale to the members of the public on 27-3-1987 itself. The cartoon pict



















































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