procure of books in library case by satakathir sambath consider and pass orders IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.07.2023 CORAM MR.JUSTICE N.SESHASAYEE W.P.No.21901 of 2023 and W.P.No.12104 of 2022 and W.M.P.No.21226 of 2023 and W.M.P.Nos.11536 and 11537 of 2022 Tamil Nadu Magazine Publishers Association Represented by its President R.Sakthivel 339, Anna Salai, Teynampet Chennai 600 006 … Petitioner in WP.21901/2023 Sattakadir (Tamil law Journal) Rep. by its Editor Dr.V.R.S.Sampath No.3/2, Swathi Ram Towers 3, Durgabai Deshmukh Road R.A.Puram, Chennai 600 028 … Petitioner in WP.12104/2023 Vs. 1.The Principal Secretary Government of Tamil Nadu Department of School Education Fort St. George Chennai 600009 2.The Director of Public Libraries LLA Building. For Petitioner : Mr.R.Natarajan WP.21901/2023 For Petitioner : Mrs.A.Vinu Pradha WP.12104/2022 For Respondents : Mr.S.Silambanan, AAG-II in WP.21901/2023 Assisted by Mr.C.Kathiravan, Spl.G.P. For Respondents : Mr.S.Silambanan, AAG-II in WP.12104/2022 Assisted by S.Anitha, Spl.G.P. COMMON ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
MR.JUSTICE N.SESHASAYEE
W.P.No.21901 of 2023 and W.P.No.12104 of 2022
and W.M.P.No.21226 of 2023 and W.M.P.Nos.11536 and 11537 of 2022
Tamil Nadu Magazine Publishers Association
Represented by its President R.Sakthivel
339, Anna Salai, Teynampet
Chennai 600 006 … Petitioner in WP.21901/2023
Sattakadir (Tamil law Journal)
Rep. by its Editor
Dr.V.R.S.Sampath
No.3/2, Swathi Ram Towers
3, Durgabai Deshmukh Road
R.A.Puram, Chennai 600 028 … Petitioner in WP.12104/2023
Vs.
1.The Principal Secretary
Government of Tamil Nadu
Department of School Education
Fort St. George
Chennai 600009
2.The Director of Public Libraries
LLA Building
737/1, Anna Salai
Chennai 600002 … Respondents in WP.21901/2023
1.Director of Public Libraries
Department of School Education
Government of Tamil Nadu
Anna Salai
Chennai 600 006
2.The Secretary
Department of School Education
Government of Tamil Nadu
Secretariat, Fort St. George
Chennai 600 009
3.The Secretary
Department of Law
Government of Tamil Nadu
Secretariat, Fort St. George
Chennai 600 009
4.The Secretary
Department of Tamil Development
1st floor, Halls Road
Egmore, Chennai 600 008 … Respondents in WP.12104/2022
PRAYER in W.P.No.21901 of 2023: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records which led to the issue of the impugned letter by the Respondent-2 in his office Na.Ka.No.810/v2/2022 dated 26.03.2022 and quash the same and consequently direct him to take decision in a transparent manner on the basis of objective parameters.
PRAYER in W.P.No.12104 of 2022: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records in G.O.(1D) No.49, School Education (Public Libraries-1) Department dated 04.03.2022 issued by the 2nd respondent and quash the same as illegal, arbitrary, against the principles of natural justice and direct the 2nd respondent to reconstitute the committee to include law, Tamil Development and Higher Education, thereby including Satta Kadir Tamil Monthly Law Journal in the scheme for selecting books and journals.
For Petitioner : Mr.R.Natarajan
WP.21901/2023
For Petitioner : Mrs.A.Vinu Pradha
WP.12104/2022
For Respondents : Mr.S.Silambanan, AAG-II
in WP.21901/2023 Assisted by Mr.C.Kathiravan, Spl.G.P.
For Respondents : Mr.S.Silambanan, AAG-II
in WP.12104/2022 Assisted by S.Anitha, Spl.G.P.
COMMON ORDER
A common question is involved in both these writ petitions. The petitioner in W.P.No.12104 of 2023 is a publisher of the only Tamil Law Journal we have here in this State and the other in W.P.No.21901 of 2023 is an
Association of Tamil Magazine publishers. The petitioner’s grievance in W.P.No.12104 of 2022 is that for procuring books and magazines for about 2,000 plus libraries across the State, the Secretary, Department of School
Education has come out with a Government Order in G.O.Ms.No.49, School Education (Public Libraries:1) Department, dated 04.03.2022, on the recommendation of the Director of Public Libraries and had constituted a committee for procuring the Tamil books and magazines. The Director of Public Libraries has come out with his own circular dated 26.03.2022, providing certain guidelines for purchase of books.
2.The grievance expressed by both the petitioners is that either the law journal or the magazines or other Tamil Publications of the publishers – petitioners herein as the case may be, were not purchased by the committee. The petitioner in W.P.No.12104 of 2023 made a statement that it is the only Tamil law journals in the State, and the petitioner in W.P.No.21901 of 2023 contend that its members contribute to the Tamil language and the petitioner encourages unbranded Tamil writers who contribute to the literature and Tamil thought. The petitioners allege that the Committee constituted under the G.O. referred to above and also the subsequent guideline of the Director of libraries do not contribute to the preservation of the aspirations of Tamil writers and publishers. They also added that to exclude some of them from all for no fault of theirs, it is also discriminatory, and the entire G.O. requires a relook.
3.Mr.S.Silambanan, the learned Additional Advocate General appeared for all the respondents in both the petitions. The learned Additional Advocate General submitted that the committee is constituted to filter what to procure and what not to procure depending on the readership for a book or magazine. He submitted that the committee is open to suggestions and discussion with the parties.
4.The statement of the learned Additional Advocate General is encouraging. After all, when the committee is open to discussion, it is only appropriate that the petitioners approach the authorities concerned. The authorities concerned are broadly informed that going by the readership merely branded publishers and branded writers will benefit essentially or more likely to benefit and somewhere down the line there must be space to preserve the aspirations of small writers, the faceless writers, and the publishers. It is not just about the contribution they may make to the Tamil language, but is also about their livelihood.
5.Now, this Court directs both the set of petitioners to approach the Director of Public Libraries with a fresh representation stating their case within 15 days from the date on which the order is hosted in the official website, and upon receiving any such representation from the petitioners herein, the Director of Public Libraries and the Committee constituted under the aforesaid G.O. will consider seriously as to the contents and prayer of the representation to be made, and also afford a personal audience to the petitioners to express their case and dispose of the same within a period of eight (8) weeks from the date of receipt of their representations.
6.These writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
28.07.2023
kas
Note to office:Issue order copy on 01.08.2023
To
1.The Principal Secretary
Government of Tamil Nadu
Department of School Education
Fort St. George
Chennai 600009
2.The Director of Public Libraries
LLA Building
737/1, Anna Salai
Chennai 600002
3.Director of Public Libraries
Department of School Education
Government of Tamil Nadu
Anna Salai
Chennai 600 006
4.The Secretary
Department of School Education
Government of Tamil Nadu
Secretariat, Fort St. George
Chennai 600 009
N.SESHASAYEE, J. kas
5.The Secretary
Department of Law
Government of Tamil Nadu
Secretariat, Fort St. George
Chennai 600 009
6.The Secretary
Department of Tamil Development
1st floor, Halls Road
Egmore, Chennai 600 008
W.P.No.21901 of 2023 and W.P.No.12104 of 2022 and W.M.P.No.21226 of 2023 and W.M.P.Nos.11536 and 11537 of 2022
28.07.2023