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Madras High CourtWP/18987/2015disposed of

S.Sivakumar v. The Managing Director

2022-02-21Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ WP NO.18987 OF 2015 AND MP NO.1 OF 2015 S.Sivakumar ... Petitioner Vs.

1. The Managing Director Tamil Nadu Arasu Cable TV Corporation Ltd., 34/123, 6th Floor, Dugar Tower, Marshal Road, Egmore, Chennai - 8.

2. The General Manager (Planning and Projects) Tamil Nadu Arasu Cable TV Corporation Ltd., No.11/22, Mangadusamy Street, Nungambakkam, Chennai - 34.

... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in connection with the impugned order passed by him in Proceedings No.14/PMB/25694/LCO/26004/DM(2)/2014 dated 01.06.2015 and quash the same and further direct the respondent to regularize the petitioner account.

For Petitioner :

Mr.S.Sivakumar For Respondents :

Mr.Abdul Saleem

O R D E R

The petitioner is a registered Cable TV Operator. He was allotted Registration No.LCO11811. He was directed to pay a sum of Rs.26,517/- as deposit and accordingly, the petitioner also deposited the amount through Indian Bank on 15.10.2011. While he enrolled his name through online for his Cable TV service, it was disrupted by power cut. Once again he attempted

to register his Cable TV service, during that time, the new LCO number of the local operator viz., LCO26004 was recorded and the deposit amount of Rs.26,517/- was credited to the above account, whereas, his registration number is LCO11811 only. Because of that, he could not download the bill and pay the monthly subscription. While so, the first respondent has issued a letter dated 01.06.2015 stating that he has not paid the dues towards LCO 26004 and therefore, the advance deposit amount is forfeited. Aggrieved over the same, the petitioner has preferred the above writ petition for regularising his account and adjusting the amount paid towards advance deposit. 2.On notice, Mr.Abdul Saleem, learned counsel entered appearance on behalf of the respondents and produced a letter in Proceedings No.D4/25694/2014 dated 25.08.2015 wherein the anomaly has been set right and the amount paid against LCO26004 to the tune of Rs.24,000/- was adjusted in LCO11811 and the petitioner was directed to pay the balance amount of Rs.6000/- due by him.

3.Heard the submissions made on either side and perused the materials available on record.

4.From the perusal of the records, it is seen that the relief sought for by the petitioner has already been granted as early as on 25.08.2015 itself. Thereafter, for the past seven years, he has been paying charges and operating the Cable TV. If at all the petitioner has any grievance, liberty is granted to him to make further representation to the respondents. On receipt of such representation, the respondents are directed to pass orders within a period of two weeks from the date of receipt of representation.

5.The writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar TK

To

1. The Managing Director Tamil Nadu Arasu Cable TV Corporation Ltd., 34/123, 6th Floor, Dugar Tower, Marshal Road, Egmore, Chennai - 8.

2. The General Manager (Planning and Projects) Tamil Nadu Arasu Cable TV Corporation Ltd., No.11/22, Mangadusamy Street, Nungambakkam, Chennai - 34.

+1cc to Mr.S.Sivakumar , Advocate, S.R.No.11644 +1cc to Mr.Abdul Saleem, Advocate, S.R.No.11291 WP NO.18987 OF 2015 NK[co] NSK 18/03/2022