Madras High CourtWA/1810/2018disposed of

V.Nakkiran v. The Secretary

2018-08-24Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1810 of 2018 and C.M.P.No.14578 of 2018 V.Nakkiran Appellant

Versus

1 The Secretary Government of India Ministry of Information and Boradcasting A Wing Shastri Bhavan Dr.Rajendra Prasad Road New Delhi-110 001.

2 The District Collector/ Nodal Officer Thiruvarur District 3 The Managing Director Arasu Cable TV Corporation Ltd 34/123 6th Floor Durga Towers Marsal Salai Chennai-600 008.

4 The Special Tahsildar Tamil Nadu Cable TV Corporation Ltd Thiruvarur District Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 25.6.2018 passed in W.P.No.15251 of 2018 on the file of this court.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the impugned show cause notice in Na.Ka. 1/18 dated 07.06.2018 of the 4th respondent and quash the same as illegal.

For appellant : Mr.B.Prasanna Vinoth For RR3 and 4 : Mr.S.Gunasekaran

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant/writ petitioner and Mr.S.Gunasekaran, learned counsel, who takes notice on behalf of respondents 3 and 4.

2. It appears that the appellant/writ petitioner is a Cable TV Operator and only on issuance of a show cause notice by the authority, instead of giving a reply, straightway he had approached this court. The learned Single Judge, having found that it is too premature, rightly rejected the case of the appellant/writ petitioner and observed that it is open for the appellant/writ petitioner to to offer his explanation.

3. We do not find any illegality or infirmity in the order passed by the learned Single Judge. It is for the appellant/writ petitioner to offer his explanation for the show cause notice within one week from the date of receipt of a copy of this order and in such event, it shall be considered by the authority concerned and decided on merits and in accordance with law within a week thereafter and if the appellant/writ petitioner is aggrieved against such order being passed by the respondent-authority, then cause of action would arise for the appellant/writ petitioner to come before this court or before any other appropriate forum. Till the period as specified above viz., for a period of fifteen days or a decision is taken by the respondent-authority, whichever is later, no coercive steps shall be taken by the respondent-authority as against the appellant/writ petitioner.

4. With the above observation, the writ appeal is disposed of. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar ssk.

To:

1 The Secretary Government of India Ministry of Information and Boradcasting A Wing Shastri Bhavan Dr.Rajendra Prasad Road New Delhi-110 001.

2 The District Collector/ Nodal Officer Thiruvarur District 3 The Managing Director Arasu Cable TV Corporation Ltd 34/123 6th Floor Durga Towers Marsal Salai Chennai-600 008.

4 The Special Tahsildar Tamil Nadu Cable TV Corporation Ltd Thiruvarur District +1cc to Mr.S.Gunasekaran, Advocate SR.No.58286 W.A.No.1810 of 2018 KS(CO) GN(29/08/2018)