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2017 Supreme(Mad) 3781

M.M.SUNDRESH, PUSHPA SATHYANARAYANA, R.MAHADEVAN
K. Senthil Mallar – Appellant
Versus
Government of Tamil – Respondent


Advocates Appeared:
For the Petitioner:Lakshmi Narayanan for P. Vijendran, Advocates.
For the Respondents:R. Muthukumarasamy, AG assisted by R. Kumar, SGP, R. Sreerangan, Advocates.

ORDER :

R. Mahadevan, J.

1. The Writ Petition in W.P No.17615/2013 has been filed to quash the impugned notification No.146 dated 30.05.2013 published by the first respondent in Tamil Nadu Government Gazette Extraordinary, whereby the book “Meendezhum Pandiyar Varalaru” (“TAMIL) written by the petitioner, has been forfeited by invoking the powers under Section 95 Cr.P.C on the ground that the contents therein are abusive and in the nature of promoting enmity between different castes.

2. The Writ Petition in W.P.No.31237/2016 has been filed to quash the impugned notification No.182 dated 19.08.2015 published by the respondent Government in Tamil Nadu Government Gazette Extraordinary, whereby the book “Venthar Kulathin Iruppidam Ethu?” (“TAMIL”) written by the petitioner, which is a continuation of the earlier book, the subject matter of W.P.No.17615/2013, was ordered to be forfeited by invoking the powers under Section 95 Cr.P.C.

3. Since the petitioner has authored both the books, both the writ petitions were clubbed and heard together, by consent of both the parties.

4. The brief facts of the cases, are as follows:

The petitioner, claiming to be hailing from Mallar Community, has penned
























































































































































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