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Madras High CourtWP/30/2018disposed of

Viruthagiri Digital Network, v. The Secretary,

2021-07-30Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.07.2021 Coram THE HONOURABLE MR. JUSTICE R. MAHADEVAN Writ Petition No. 30 and 31 of 2018 and WMP Nos. 36 and 37 of 2018 WP No. 30 of 2018 Viruthagiri Digital Network represented by its Authorised Partner M. Velmurugan Son of Munusamy New No.94C, Krishna Complex 2nd Floor, Ayuyar Madam Veethi Virdhachalam Tamil Nadu ..Petitioner

Versus

..Respondents WP No. 31 of 2018 Agvesh Digital Network represented by its Authorised Partner S. Jeyakumar

Son of T. Shanmugam A.V.M. Nagar Andimadam Post, Andimadam Ariyalur District - 621 801 ..Petitioner

Versus

Ariyalur, Ariyalur District ..Respondents WP No. 30 of 2018:- Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the third and fourth respondents from interfering in day to day activities of petitioner's partnership firm namely Viruthagiri Digital Network, having control room at New No.94C, Krishna Complex, 2nd Floor, Ayuyar Madam Veedhi, Virdhachalam, Cuddalore District from implementing Digital Addressable System to their local cable TV operators as per the Franchise Agreement dated 21.07.2017 based on the petitioner's representation dated 17.12.2017.

WP No. 31 of 2018:- Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the third and fourth respondents from interfering in day to day activities of petitioner's partnership firm namely Agvesh Digital Network, having office at A.V.M. Nagar, Andimadam Post, Andimadam, Ariyalur District - 621 801 from implementing Digital Addressable System to their local cable TV operators as per the Franchise Agreement dated 21.07.2017 based on the petitioner's representation dated 17.12.2017. For Petitioner :

Mr. R. Thiagarajan in both the writ petitions

For Respondents :

Mr. T.V. Krishnamachari for R1 in both the writ petitions Mr. Abdul Saleem for RR2 to 4 in both the writ petitions COMMON ORDER In both these writ petitions, the petitioners prayed for issuing a Writ of Mandamus to forbear the respondents 3 and 4 from interfering with their day to day activities in relation to implementing Digital Addressable System to their local cable TV operators as per the Franchise Agreements executed in their favour on 21.07.2017.

2.

The case of the petitioners is that they are the Franchise Agreement holders having been executed by the third respondent in these writ petitions in their favour, pursuant to which, they are conducting Cable TV operating business lawfully. The grievance of the petitioners is that during the subsistence of the agreements in their favour, the respondents 3 and 4, without any valid reason, are interfering with and intrudes in to the lawful business activities carried on by them. However, such a statement made by the petitioners in the affidavits filed in support of the respective writ petitions is stoutly denied by the learned counsel appearing for the respondents 2 to 4. The learned counsel for the respondents 2 to 4, thus, submitted that there is no unwarranted interference on the part of the respondents 3 and 4 in to the business activities carried on by the petitioners in any manner.

3.

In the light of the submissions made by the learned counsel for the respondents 2 to 4, no further orders are required to be passed in these writ petitions. Accordingly, both the writ petitions are disposed of. No costs.

Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar rsh

To

5. The Special Tahsildar Ariyalur, Ariyalur District WP Nos. 30 & 31/2018 SPD(CO) SP(19/08/2021)