Back
2018 Supreme(Mad) 2951
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Manikumar, Subramonium Prasad, JJ.
L. Jayanthi – Appellant
Vs.
Secretary to Government Tamil Development And Information (Advertisement) Department – Respondent
W.P. No. 23231 of 2018
Decided On : 24-09-2018
S. Stalin Muthu, Adv., E. Manoharan, Adv.
The difference in the advertisement rate, depending upon the circulation of the newspapers, in the Government Orders, would speak for itself.
Headnote:
Writ petition filed for a Mandamus, directing the respondent to reduce the rate of advertisement in Tamil Nadu at Rs. 13.49 per Sq.Cm., for two dailies, ie., Makkal Kural (Tamil) and Trinity Mirror (English), as adopted by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India, New Delhi. The petitioner contended that the rates fixed by the respondent are exorbitant and unreasonable. The respondent submitted that rates of advertisement are fixed on basis of market, for the newspaper, as per the Audit Bureau of Circulation. The court held that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the Government Orders, would speak for itself. Therefore, it can be concluded that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the above mentioned Government Orders, would speak for itself. The court further held that the main contention of the petition is that when Makkal Kural (Tamil) and Trinity Mirror (English) have accepted the rate at Rs. 13.49/- per sq.cm, for advertising, and to the effect, an order has been issued by the Ministry of Information and Broad Casting, Government of India, New Delhi. Government of Tamil Nadu is spending huge money on Makkal Kural (Tamil) and Trinity Mirror (English) newspapers. Advertising Rate Contract Agreement of the above dailies, are extracted hereunder. The court held that the petitioner is aggrieved only against two newspapers, namely, Makkal Kural (Tamil) and Trinity Mirror (English). Reasons are best known to the petitioner. The court further held that the remedy under Article 226 of Constitution of India is equitable and discretionary and the persons who would be vitally affected by the decision are necessary parties. The court held that the petitioner has chosen to file the instant writ petition, only against the above said newspapers alone. Petition appears to be motivated. The court held that the contention that the abovesaid two dailies, are not included in the Audit Bureau of Circular (In short "ABC"), is not supported with any materials. The court held that the contention that the Government Orders do not mention about the colour advertisement and therefore, double rate fixed is incorrect, as there is a clear mention in the rate card by one of the newspapers, which according to the Government, is the norm adopted, for all the newspapers. The court held that the contention that the Government Orders do not specify that for colour advertisement, the rate would be double. The court held that the prayer is to reduce the rate of advertisement. Mandamus cannot be issued to annul a contract entered into between the parties. The court held that the contention that the abovesaid two dailies, are not included in the Audit Bureau of Circular (In short "ABC"), is not supported with any materials. The court held that the contention that the Government Orders do not mention about the colour advertisement and therefore, double rate fixed is incorrect, as there is a clear mention in the rate card by one of the newspapers, which according to the Government, is the norm adopted, for all the newspapers. The court held that the contention that the Government Orders do not specify that for colour advertisement, the rate would be double. The court held that the prayer is to reduce the rate of advertisement. Mandamus cannot be issued to annul a contract entered into between the parties.
Fact of the Case:
The petitioner filed a writ petition for a Mandamus, directing the respondent to reduce the rate of advertisement in Tamil Nadu at Rs. 13.49 per Sq.Cm., for two dailies, ie., Makkal Kural (Tamil) and Trinity Mirror (English), as adopted by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India, New Delhi. The petitioner contended that the rates fixed by the respondent are exorbitant and unreasonable. The respondent submitted that rates of advertisement are fixed on basis of market, for the newspaper, as per the Audit Bureau of Circulation.
Finding of the Court:
The court held that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the Government Orders, would speak for itself. Therefore, it can be concluded that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the above mentioned Government Orders, would speak for itself. The court further held that the main contention of the petition is that when Makkal Kural (Tamil) and Trinity Mirror (English) have accepted the rate at Rs. 13.49/- per sq.cm, for advertising, and to the effect, an order has been issued by the Ministry of Information and Broad Casting, Government of India, New Delhi. Government of Tamil Nadu is spending huge money on Makkal Kural (Tamil) and Trinity Mirror (English) newspapers. Advertising Rate Contract Agreement of the above dailies, are extracted hereunder. The court held that the petitioner is aggrieved only against two newspapers, namely, Makkal Kural (Tamil) and Trinity Mirror (English). Reasons are best known to the petitioner. The court further held that the remedy under Article 226 of Constitution of India is equitable and discretionary and the persons who would be vitally affected by the decision are necessary parties. The court held that the petitioner has chosen to file the instant writ petition, only against the above said newspapers alone. Petition appears to be motivated. The court held that the contention that the abovesaid two dailies, are not included in the Audit Bureau of Circular (In short "ABC"), is not supported with any materials. The court held that the contention that the Government Orders do not mention about the colour advertisement and therefore, double rate fixed is incorrect, as there is a clear mention in the rate card by one of the newspapers, which according to the Government, is the norm adopted, for all the newspapers. The court held that the contention that the Government Orders do not specify that for colour advertisement, the rate would be double. The court held that the prayer is to reduce the rate of advertisement. Mandamus cannot be issued to annul a contract entered into between the parties.
Issues: 1. Whether the rates fixed by the respondent for advertisement are exorbitant and unreasonable? 2. Whether the petitioner is aggrieved only against two newspapers, namely, Makkal Kural (Tamil) and Trinity Mirror (English)? 3. Whether the remedy under Article 226 of Constitution of India is equitable and discretionary and the persons who would be vitally affected by the decision are necessary parties? 4. Whether the contention that the abovesaid two dailies, are not included in the Audit Bureau of Circular (In short "ABC"), is supported with any materials? 5. Whether the contention that the Government Orders do not mention about the colour advertisement and therefore, double rate fixed is incorrect? 6. Whether the contention that the Government Orders do not specify that for colour advertisement, the rate would be double? 7. Whether the prayer is to reduce the rate of advertisement? 8. Whether Mandamus can be issued to annul a contract entered into between the parties?
Ratio Decidendi: The court held that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the Government Orders, would speak for itself. Therefore, it can be concluded that the difference in the advertisement rate, depending upon the circulation of the newspapers, in the above mentioned Government Orders, would speak for itself. The court further held that the main contention of the petition is that when Makkal Kural (Tamil) and Trinity Mirror (English) have accepted the rate at Rs. 13.49/- per sq.cm, for advertising, and to the effect, an order has been issued by the Ministry of Information and Broad Casting, Government of India, New Delhi. Government of Tamil Nadu is spending huge money on Makkal Kural (Tamil) and Trinity Mirror (English) newspapers. Advertising Rate Contract Agreement of the above dailies, are extracted hereunder. The court held that the petitioner is aggrieved only against two newspapers, namely, Makkal Kural (Tamil) and Trinity Mirror (English). Reasons are best known to the petitioner. The court further held that the remedy under Article 226 of Constitution of India is equitable and discretionary and the persons who would be vitally affected by the decision are necessary parties. The court held that the petitioner has chosen to file the instant writ petition, only against the above said newspapers alone. Petition appears to be motivated. The court held that the contention that the abovesaid two dailies, are not included in the Audit Bureau of Circular (In short "ABC"), is not supported with any materials. The court held that the contention that the Government Orders do not mention about the colour advertisement and therefore, double rate fixed is incorrect, as there is a clear mention in the rate card by one of the newspapers, which according to the Government, is the norm adopted, for all the newspapers. The court held that the contention that the Government Orders do not specify that for colour advertisement, the rate would be double. The court held that the prayer is to reduce the rate of advertisement. Mandamus cannot be issued to annul a contract entered into between the parties.
Final Decision: The court dismissed the writ petition.
S.Manikumar, J.
Public Interest Writ Petition has been filed for a Mandamus, directing the respondent to reduce the rate of advertisement in Tamil Nadu at Rs. 13.49 per Sq.Cm., for two dailies, ie., Makkal Kural (Tamil) and Trinity Mirror (English), as adopted by the Directorate of Advertising and Visual Publicity, Ministry of Information and Broad Casting, Government of India, New Delhi.
2. Case of the petitioner is that the Directorate of Advertising the Visual Publicity, Ministry of Information and Broadcasting, Government of India, New Delhi 110 003, has entered into an Advertising Rate Contract Agreement, at Rs. 13.49 per Sq.Cm., with "Makkal Kural (Tamil Daily) and Trinity Mirror (English Daily)", bearing Door No.1, First Main Road, United India Colony, Chennai-24, for a period from 01.01.2016 to 31.12.2018. But, the Secretary to the Government, Tamil Nadu Development and Information (Advertisement) Department, Chennai, respondent herein, vide G.O.Ms.No.116, Tamil Development and Information (Advt.) Department, dated 18.11.2015, has fixed the rate at Rs. 675/- per Sq.Cm., for the publication of advertisement in the abovesaid papers, which is exorbitant and unreasonable.
3. Therefore, the petitioner has filed a petition, under the Right to Information Act, 2005, requesting the Public Information Officer, Tamil Development and Information (Advertisement) Department, Chennai, to furnish the details, relating to the publication of advertisement in dailies, rate adopted per sq.cm., cost of publication paid to the dailies, etc., for the period from 01.01.2016 to 31.12.2017. In response to the same, the Joint Director (Public Relation), has simply informed that the required information cannot be furnished, as per Section 2(f) of the Right to Information Act, 2005, against which, an appeal has been filed before the State Information Commissioner, Chennai 600 018 and the same is pending.
4. While the matter stood thus, the respondent has given power jacket two pages, colour advertisements on 21.03.2018, under the caption of "One year achievements of Government of Tamil Nadu" and a power jacket one page colour advertisements on 24.02.2018, under the caption of "Inauguration of "AMMA Two Wheeler Scheme" at subsidized rate to working women", to the above two dailies, at the rate of Rs. 1,350/- per Sq.Cm., by which, the Advertisement Charges work out to Rs. 1,20,28,500/-, as below:
(Rs.1350 x 2 x 2 x 33 width 45 height)
Rs. 80,19,000/-
(Rs.1350 x 2 x 1 x 33 x width 45 heights)
Rs. 40,09,500/-
Total
Rs.1,20,28,500/-
5. It is the further case of the petitioner that the abovesaid two dailies have no wide circulation and therefore, the purpose of giving advertisement, would become futile and funds from the State Exchequer is high. According to the petitioner, even the above two dailies are also not in the list of "Audit Bureau of Circulation (ABC)". According to her, both the dailies are only evening issues and the purpose of giving advertisement, is meaningless and futile, as the message would not reach the public, widely.
6. According to the petitioner, if the respondent gives advertisement, by adopting the rate of Rs. 13.49 per Sq.Cm., to the above two dailies, as approved by the Ministry of Information and Broadcasting, Government of India, the expenditure for the two advertisements will be Rs. 1,20,285/- (Rs.80,190/- + Rs. 40,095/-), by which, a sum of Rs. 1,19,08,215/- could be saved and used for any other public welfare schemes.
7. It is also the further case of the petitioner that the Government have given several advertisements, such as, Government tenders of all departments; advertisements of the Boards, such as, Tamil Nadu Electricity Board, Tamil Nadu Pollution Control Board, etc., to several dailies, including the above two dailies, both in English and Tamil, and if the Gov
