- (1.) THIS is an application under Article 229 of the Constitution for the issue of a writ of certiorari or other appropriate writ calling for the records in R. O. C. 4561 /56-E on the file of the Chief Presidency Magistrate and for quashing the order passed therein on 19-11-1956.
(2.) THE petitioner claims to have acquired for consideration the proprietorship of a tamil quarterly journal entitled "manikkodi" from its original proprietor. It is stated that thereafter, that is, on 3-2-1950, he declared himself a publisher of "manikkodi" under Section 5 of the Press and Registration of Books Act of 1867, which shall be hereafter referred to as the Act. That was followed by the publication of a monthly short story journal under the name of "manikkodi" for sometime. The publication of the journal was discontinued thereafter: however the petitioner was running his office in the same premises under the name of Manikkodi Kariyalayam dealing with books, journals etc. He claims that his business operations and trading transactions had become associated in the mind of the public with the name of Manikkodi. With a view to renew the publication of the journal the petitioner filed on 25-91956 an application under Section 5 (2) of the Act to make a declaration as a publisher of that journal.
(3.) MEANWHILE one C. S. Krishnan applied and mode a declaration on 11-8-1956 to the first respondent for a similar purpose on the ground that he contemplated the starting of a journal under the name of Manikkodi. That declaration, it is admitted, lapsed under the provisions of Section 5 (2) A, so that on 25-9-1956 there was only the application of the petitioner. On 31-10-1956 the second respondent C. S. Krishnan applied by means of a letter to the Chief Presidency Magistrate, Madras, that he intended to commence the journal as contemplated by him and applied to make a fresh declaration to that effect.;