M/S. Shiridi Sai Cable Networks v. The Tanuku Municipality

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.35599 of 2015 02.11.2015 Between:

M/s.Shirdi Sai Cable Networks, Tanuku .. Petitioner and The Tanuku Municipality, Tanuku .. Respondent Counsel for the petitioner: Mr.K.Chidambaram Counsel for the respondent: Mr.Nimmagadda Venkateswarlu (print the name if vakalat filed) The Court made the following:

ORDER:

This writ petition is filed for a mandamus to set aside the endorsement in Roc.No.2940/2015/G1, dated 13.10.2015, of the respondent municipality, whereby it has rejected the petitioner's request to permit it to provide cable services in Tanuku, West Godavari District.

At the hearing, Mr.Nimmagadda Venkateswarlu, learned standing counsel for the municipalities appearing for the respondent municipality, raised an objection to the maintainability of the writ petition on the ground of existence of an alternative remedy of appeal under Section 345 (1) (e) of the Andhra Pradesh Municipalities Act, 1965.

I find merit in the above objection as under the aforesaid provision, any order of the Commissioner granting or refusing a license or permit is amenable to appeal to the Municipal Council. In view of availability of the alternative remedy, the petitioner is relegated to the said forum. If such an appeal is filed within a period of one week from today, the respondent municipality shall dispose of the same within a period of three weeks thereafter.

Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.45735 of 2015 filed by the petitioner for interim relief shall stand disposed of as infructuous. _________________________ C.V.NAGARJUNA REDDY, J 02nd November, 2015 GHN