B.Binu vs Union Of India on 20 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 12059 of 1999(I)



1. B.BINU
                      ...  Petitioner

                        Vs

1. UNION OF INDIA
                       ...       Respondent

                For Petitioner  :SRI.P.K.IBRAHIM

                For Respondent  :SRI.P.S.SREEDHARAN PILLAI, SCGSC

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :20/10/2008

 O R D E R
                                  S. Siri Jagan, J.
                  =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                            O.P. No. 12059 of 1999
                  =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                   Dated this, the 20th        October, 2008.

                                 J U D G M E N T

The petitioner filed this original petition complaining that the

broadcasting from Kochi F.M. Station has been stopped without

proper reasons. The petitioner, therefore, sought the following

reliefs:

“i) Declare that the classification of F.M. Station, Kochi as
Local Radio Station is arbitrary and illegal;

ii) issue a writ in the nature of mandamus commanding the
respondents 1 to 5 to confer on the F.M. Station, Kochi the status
of Regional Radio Station/or Sub Regional Radio Station and
provide all facilities required to function the station with that
status;

iii) issue a writ in the nature of mandamus commanding the
respondents to take immediate action for starting the commercial
broadcasting Station, Kochi, with its own independent
programmes by providing required number of staff and other such
facilities;

iv) issue a writ of mandamus commanding the respondents 1 to
6 to start the morning transmission of F.M. Station, Kochi
forthwith;

v) issue a writ of mandamus commanding the 6th respondent to
restore the daily bulletin of Court news under “Kodathy
Varthakal” being part of imparting legal education which is a State
obligation under Article 21 of the Constitution of India.”

2. Learned counsel for the petitioner submits that although

broadcasting has been restored, the respondents have not provided

adequate facilities as promised. He points out that in the counter

affidavit, in paragraph 5, the respondents themselves had stated thus:

” . . . . . Besides the importance of Kochi, more important factors
are the availability of staff in all category, transport vehicles,
funds, more number of studios and other essential infrastructure
facilities, none of which so far has been provided to commence the
morning programmes at Kochi. Yet out of deference to this Hon’ble
court’s orders without sufficient facilities, steps have been taken to
commence the morning transmission from 15.7.1999, but
continuance of the same depends on the aforesaid facilities being
made available to Kochi immediately. It may take some time for the
Directorate to post the staff, to provide the funds, and to allot

O.P. No. 12059/1999 -: 2 :-

vehicles etc., which cannot be done all on a sudden. In the
circumstances, it is respectfully submitted that the respondents
will be considering the resumption of morning transmission in its
proper perspective and will address themselves on the question of
providing the aforesaid facilities subject to the financial
constraints, at the earliest.”

According to the petitioner, the facilities as stated therein, have not

been provided.

3. I have heard both sides. I am of opinion that after having

undertaken to provide the facilities, the 2nd respondent has a duty to

comply with the same.

In the above circumstances, I dispose of this original petition

with a direction to the 2nd respondent to consider restoration of all

facilities as stated in paragraph 5 quoted above. Appropriate steps

shall be taken and completed within three months from the date of

receipt of a copy of this judgment.

S. Siri Jagan, Judge.

Tds/