J.Kamatchi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.10133 of 2017 J.Kamatchi ... Petitioner Vs.

1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Marshals Road, Chennai - 8.

2. The Deputy Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Ariyalur, Ariyalur District.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent to consider the application dated 27.12.2013 for the grant of License (LCO) under the Cable Television Network (Regulation) Act, 1995 in favour of the petitioner in the light of the recommendations made by the 2nd respondent dated 20.03.2017.

For Petitioner : Mr.S.Kamadevan For Respondents : Mr.Abdul Saleem

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the 1st respondent to consider the application dated 27.12.2013 for grant of License (LCO) under the Cable Television Network (Regulation) Act, 1995 in favour of the petitioner in the light of the recommendations made by the 2nd respondent dated 20.03.2017.

2.The learned counsel appearing for the petitioner submitted that the 2nd respondent, who is the District Level Officer, conducted spot inspection through his subordinates and got their report. Based on the recommendations of the local cable TV Technical Assistant, the 2nd respondent forwarded his recommendations dated 20.03.2017 for grant of license (LCO). Though the recommendations were forwarded after a long delay https://hcservices.ecourts.gov.in/hcservices/

from the date of the application dated 27.12.2013, the 1st respondent is now holding the same.

3.Mr.Abdul Saleem, learned counsel taking notice for the respondents submitted that the 1st respondent may be directed to consider the petitioner's application and pass orders in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's application dated 27.12.2013 for grant of license (LCO) under the Cable Television Network (Regulation) Act, 1995, in the light of the recommendations made by the 2nd respondent dated 20.03.2017 and pass orders on merits and in accordance with law, within three weeks from the date of receipt of a copy of this order. 5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar va To

1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Marshals Road, Chennai - 8.

2. The Deputy Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Ariyalur, Ariyalur District.

+1cc to Mr.S. Kamadevan, Advocate Sr. 24584 +1cc to the Government Pleader, High Court, Madras Sr. 25022 W.P.No.10133 of 2017 NMI(CO) VR(26/4/2017) https://hcservices.ecourts.gov.in/hcservices/