S m subramaniyam judge order /Thus, the petitioners are at liberty to submit a representation for displaying their publications in the library along with the materials and on receipt of the same, the authorities shall consider the request by following the procedures and keeping in mind the public interest.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.10056 of 2024
and
W.M.P.Nos.11062 & 11064 of 2024
- K.Senthamizhselvi
- Niranjan Vijayan … Petitioners
Vs. - The Director,
Information And Public Relations,
Secretariat, Chennai -600 009. - The Chief Engineer,
Public Works Department,
Chennai Region, Chepuak,
Chennai -600 005. - The District Collector,
Cum District Election Officer,
Chennai District, Chennai -600001. - The Commissioner Of Police,
Greater Chennai, Vepery,
Chennai -600 007. … Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents to permit the Petitioners and the followers of Babasaheb Dr. Ambedkar to Celebrate the Birth Anniversary of Dr.Ambedkar on April 14,2024 at Annal Ambedkar Manimandapam at Raja Annamalai Puram, Chennai, between 7.00 AM and 9.00 PM, and to permit the display and sale of the literature by Dr.Ambedkar (Writings and Speeches of Dr. Ambedkar) within the Manimandapam premises, and also, to provide the basic amenities taking note of the needs of the persons with disability and the general public gathering at Annal Ambedkar Manimandapam, Raja Annamalai Puram, Chennai on 14.04.2024 to pay their tributes to Babasaheb Dr. Ambedkar,
For Petitioners : Ms.R.Vaigai, Senior Counsel for
Mr.C.Prabhu
For Respondents : Mr.J.Ravindran,
Additional Advocate General,
assisted by
Mr.N.Naveen Kumar,
Government Advocate (for R1 to R3);
Mr.S.Vinoth Kumar,
Governmnt Advocate (crl.side) (for R4).ORDER
The lis on hand has been instituted to direct the respondents to permit the Petitioners and the followers of Babasaheb Dr. Ambedkar to celebrate the birth anniversary of Dr.Ambedkar on April 14, 2024 at Annal Ambedkar Manimandapam at Raja Annamalai Puram, Chennai, between 7.00 AM and 9.00 PM, and to permit the display and sale of the literature by Dr.Ambedkar (Writings and Speeches of Dr. Ambedkar) within the Manimandapam premises, and also, to provide the basic amenities taking note of the needs of the persons with disability and the general public gathering at Annal Ambedkar Manimandapam, Raja Annamalai Puram, Chennai on 14.04.2024.
2. The petitioners state that they are the followers of Dr.Ambedkar. They embraced Buddhism. The first petitioner K.Senthamizhselvi is an Advocate and published the writings and speeches of Dr.Ambedkar through "Voice of Buddha Editions". The second petitioner also publishes works of Dr.Ambedkar and Buddhism through "Inclusive Dhamma Publications".
3. The learned senior counsel Ms.R.Vaigai would submit that the petitioners are willing to display their books during the birth anniversary of Babasaheb Dr. Ambedkar on 14th April, 2024, in Annal Ambedkar Manimandapam at Raja Annamalai Puram. Since the representation submitted by the petitioners long back was not considered by the respondents, the present writ petition came to be instituted. Ms.R.Vaigai, learned senior counsel would strenuously contend that the publications are rare one and therefore, the petitioners are interested in propagating the speeches and writings of Babasaheb Dr.Ambedkar. Many speeches of Dr.Ambedkar are not made available in public, and the petitioners are taking efforts to publish those contends for the benefit of the people. As an architect of Indian Constitution, the speeches in the Constituent Assembly are not published in entirety and certain ideologies of Dr.Ambedkar are yet to be made known to the pubic in general. Thus, the petitioners are working hard to publish those speeches, articles and ideologies through their publishers.
4. The petitioners are seeking space to display their books for the benefit of the people, who all are assembling on 14 April, 2024, in Annal Ambedkar Manimandapam at Raja Annamalai Puram. That apart, the infrastructural facilities were not provided last year and the basic amenities were also not adequately provided last year. People who attended the anniversary last year were not even provided water facilities, toilet facilities etc, Thus, a direction is to be issued granting permission to the petitioners to display their books inside the mandapam, and further direction is to be issued to provide all basic amenities and facilities to the people attending the birth anniversary of Babasaheb Dr.Ambedkar on 14th April, 2024, at Annal Ambedkar Manimandapam at Raja Annamalai Puram.
5. Learned Additional Advocate General, Mr.J.Ravindran would oppose by stating that the Government has taken a decision to provide basic amenities and facilities to the people attending the birth anniversary of Dr.Ambedkar on 14th April, 2024. The Director of Information and Public Relation Secretariat, filed an affidavit stating that the amenities and infrastructural facilities are provided in the mandapam for the benefit of the people attending the birth anniversary on 14.04.2024. Paragraph 7 and 8 of the affidavit reads as under:
7. It is submitted that, the petitioner has requested to display and sell the literature on Dr.Ambedkar within the premises of Annal Ambedkar Manimandapam on 14.04.2024. It is well known from the affidavit that the petitioners are publishers and their intention is to promote their publications. It is submitted that library is also available in the campus of Annal Ambedkar Memorial in that 1000 No's of books are kept which are purely related to Babasaheb Dr. Ambedkar's Writings and Speeches.
8. With reference to averments made in paragraph 10 of the affidavit, it is submitted that as follows:I. Ramp accessibility for Persons with Disability have already been provided.
II. Arrangements have been made to erect 15 x 20 – 2 nos. and 40 x 20 size Arabian Tents in the open area within the premises on the occasion of birth anniversary of Babasaheb Dr. Ambedkar.
III. Seating arrangements have been made.
IV Proper lighting available in the premises.
V. Annal Ambedkar Manimandapam will be decorated with lights on the Birth Anniversary of Babasaheb Dr. Ambedkar.
VI Provision for Clean Drinking Water RO plant which holds the capacity of 1000 LPH have already been available in the premises. In addition to that, temporary arrangements for drinking water tank have also been made to fulfill the need of people who visit the Manimandapam on 14.04.2024.
VII Toilets for ladies, gents and persons with Disability are available in the premises.
VIII. Adequate waste bins are available in the premises.”
6. The learned Additional Advocate General would submit that the permission to display the books by an individual publisher cannot be encouraged by the Government and in the event of granting permission, the same will result in an anomalous situation where many such similar publishers will also seek space for selling of their publications. Government has to organise the celebrations commonly for the benefit of the public and the visitors of Annal Ambedkar Manimandapam at Raja Annamalai Puram. The Government cannot provide any individual stall to any publisher to display their books. Public library is available inside the mandapam itself and the petitioners are liberty to submit their publications to the first respondent for consideration and in the event of receiving any such representation along with the publications, the same will be considered for keeping all those publications in the libraries, for the benefit of the book readers.
7. It is further contended that it is a mandapam, which is being maintained by the Government and thousands of visitors will be attending the birth anniversary of Dr.Ambedkar on 14 April, 2024. The Government has to maintain law and order and provide adequate facilities to all the people to visit peacefully at Annal Ambedkar Manimandapam at Raja Annamalai Puram. In the event of providing any individual stalls to the petitioners, it will cause prejudice to the interest of other publishers and many other persons, who may also have similar claims.
8. This Court is of the considered opinion that the birth anniversary of Dr.Ambedkar is going to be celebrated in Annal Ambedkar Manimandapam at Raja Annamalai Puram. Several political party leaders, office bearers of various associations, individuals and people from several other quarters will attend the birth anniversary on 14th April, 2024, and the Government has to maintain law and order and provide basic amenities to the people, attending the birth anniversary. In paragraph No. 8 of the affidavit of the Director of Information and Public Relations Secretariat have assured that the basic amenities will be provided as detailed. In respect of the the details stated in paragraph no.8 of the affidavit, the respondents are directed to comply with the same scrupulously and ensure sufficient water facilities and other basic facilities in order to avoid any inconvenience to the people attending birth anniversary.
9. Regarding the claim of the petitioner to provide space/individual stall to display their publications, the same cannot be granted by this Court since an administrative decision has been taken by the Government, not to grant permission to the individual persons to occupy separate space for promoting their publications. Regarding the books, authored or published by the petitioners, they are at liberty to approach the competent authorities for displaying the same in the library by following the procedures as contemplated. The authorities competent are bound to take uniform decision in respect of the requests made for displaying of publications in public places. Administrative decisions in this regard should not discriminate the publishers or the persons willing to participate in displaying their publications. Consideration for providing space for individuals must be in consonance with the established principles and to subserve the public good and cannot be allowed for the purpose of promoting the individual claims of any person.
10. Thus, the petitioners are at liberty to submit a representation for displaying their publications in the library along with the materials and on receipt of the same, the authorities shall consider the request by following the procedures and keeping in mind the public interest.
11. With the above observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
12.04.2024Index : Yes
Speaking Order
Neutral Citation : Yes
(sha)
NOTE: Issue the order copy on 12.04.2024
To
- The Director,
Information And Public Relations,
Secretariat, Chennai -600 009. - The Chief Engineer,
Public Works Department,
Chennai Region, Chepuak,
Chennai -600 005. - The District Collector,
Cum District Election Officer,
Chennai District, Chennai -600001. - The Commissioner Of Police,
Greater Chennai, Vepery,
Chennai -600 007.
S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.10056 of 2024
12.04.2024
NOTE: Issue the order copy on 12.04.2024
