In cases of succession disputes concerning the registration of a periodical under the Press and Registration of Periodicals Act, 2023, the Registrar has a mandate to conduct an inquiry under Section 8, subject to the final adjudication of inheritance rights in civil courts.

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, Mandamus

a) directing the 1st respondent to stop the 2nd and 3rd respondents from printing and publishing in both physical and digital platform the Tamil Daily Thina Boomi and Athirstam in all its edition i.e Chennai, Madurai, Thiruchirapalli Tirunelveli, Salem, Vellore and Coimbatore and Puducherry in the name of petitioner's late father Manimaran describing him as the owner, editor, printer and publisher forthwith

b) forbearing the 1st respondent from transfer of ownership of the title and the status as printer, publisher and editor of the Tamil Daily Thina Boomi and Athirstam in favour of the 2nd respondent or anyone claiming through the 2nd respondent in all its edition i.e., Chennai, Madurai, Thiruchirapalli, Tirunelveli, Salem, Vellore and Coimbatore and Puducherry.

ORDER

The writ petition has been filed seeking a direction to the first respondent, namely, the Press Registrar General of India, to restrain the respondents 2 and 3 from printing and publishing, in both physical and digital form, the Tamil dailies 'Thina Boomi' and 'Athirstam' in various editions, in the name of the late father of the petitioner, namely, Manimaran, describing him as the owner, editor, printer and publisher. A further consequential relief is sought to forbear any transfer of ownership, title, or the status of printer, publisher and editor in respect of the said publications.

2. The learned counsel appearing for the petitioner would submit that the petitioner's father was originally the owner, printer, publisher and editor of the said Tamil dailies. It is stated that he died on 14.10.2024. Even thereafter, the publications are being continued in the name of the deceased person by showing him as the publisher, despite disputes having arisen between the legal heirs. It is submitted that the petitioner, namely M.Sathesh Kumar, has filed O.S.No.50 of 2026 on the file of the District Court, Madurai, seeking partition of the properties described in the schedule thereto, which includes the business of printing and publishing the newspapers in question. It is further submitted that the second respondent, namely, M.Poongothai, the mother of the petitioner, has also instituted O.S.No.96 of 2026 on the file of the I Additional District Munsif Court, Madurai, and the same is pending adjudication. It is stated that though the petitioner had earlier given consent for transfer of ownership and change of name in favour of the mother, the said consent was subsequently withdrawn.

3. The learned Standing Counsel appearing for the first respondent would submit that she has not yet received instructions and seeks time to obtain the same.

4. The learned counsel appearing for the respondents 2 and 3 would submit that, based on the earlier consent given by the petitioner, an application had been submitted seeking effect of transfer. Since the same was rejected with a direction to file separate applications, fresh applications have already been submitted. It is further submitted that, in the interregnum, the publications are being continued in the name of the deceased proprietor.

5. I have considered the rival submissions made on either side and perused the materials available on record.

6. It is not in dispute that the publications, namely 'Thina Boomi' and 'Athirstam', are governed by the provisions of the Press and Registration of Periodicals Act, 2023 [hereinafter referred to as "the Act"]. Section 7 of the Act mandates that no periodical shall be published in India except upon registration in accordance with law. The Act also defin