M.Murugan v. Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.8087 of 2021 & W.M.P.No.8637 and 8639 of 2021 M.Murugan Proprietor JMS Cable Communication No.34/117, Ezhil Nagar, Okkiam Thoraipakkam, Chennai - 600 097
...Petitioner
Vs
1. The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 5
2. R.Iyannar ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent dated 11.02.2021 and made in SE.MU.KA No.B5/4348/2020 and quash the order of the 1st respondent as illegal and without jurisdiction and direct the 1st respondent to forbear from demanding or collecting any charges by way of licence fee payment system in the tenemental scheme of Slum Board Okkiam Thoraipakkam, Chennai.
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For Petitioner :Mr.V.Chockalingam for Mr.G.Ravisankar For Respondents :Mr.G.Venkatesan for R1 No appearance for R2
O R D E R
The present Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent dated 11.02.2021 made in SE.MU.KA No.B5/4348/2020 and quash the order of the 1st respondent as illegal and without jurisdiction and direct the 1st respondent to forbear from demanding or collecting any charges by way of licence fee payment system in the tenemental scheme of Slum Board Okkiam Thoraipakkam, Chennai.
2. The learned counsel for the petitioner submitted that the petitioner is a registered cable operator for running cable television network in the city / town Thoraipakkam, Chennai for a period from 12.07.2020 to 11.07.2021 and the Registration No. is 238 and the said certification was registered in terms of Cable Television Network Rules, 1994 and the said registration is renewable after the expiry of period of the licence. Thus, the petitioner has been operating the cable television network under the name 2/6
and style of J.M.S Cable Communications. While so, the 1st respondent passed an impugned order dated 11.02.2021 granting permission to the 2nd respondent for running cable TV in the tenements constructed by the respondent-Board in Okkiam Thorapakkam, Chennai. Challenging the same, the writ petition has been filed.
3. The learned standing counsel for the 1st respondent submitted that the licence granted in favour of the 2nd respondent was expired on 23.02.2022 itself and the licence has been granted in favour of other person. As of now, two years has elapsed and hence nothing survives for adjudication in the present Writ petition and if the petitioner intends to obtain licence, the petitioner shall be permitted to furnish application before the authority and the same will be considered.
4. Heard the learned counsel on either side and perused the documents placed on record.
5. Considering the fact that the licence granted in favour of the 2nd respondent was expired on 23.02.2022 itself and the licence has been 3/6
granted in favour of other person, the present Writ Petition is dismissed as infructuous as nothing survives for adjudication. Further, the liberty is granted to the petitioner to file a fresh application before the 1st respondent for obtaining licence. If the said application is filed, the 1st respondent shall consider the same and pass appropriate orders. Consequently, connected miscellaneous petitions are closed. No costs. 20.08.2024 Index: Yes/No; Internet: Yes/No Speaking order / non speaking order ssd To The Managing Director, Tamilnadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 5 4/6
M.DHANDAPANI,J., ssd 5/6
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