M.Paneerselvam v. Tamil Nadu Arasu Cable Tv Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Paneerselvam
...Petitioner
Vs.
Tamil Nadu Arasu Cable TV Corporation, Rep. by its General Manager (Administration) Cum District Revenue Officer, Office at Thugar Towers, No.34, (123) 6th Foor, Marshal Road, Egmore - 600 008.
...Respondent
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to consider the petitioner's online application dated 20.02.2023 in the name and style of FREEDOM CABLE consequently direct the respondent herein to grant L.C.O. (link) to the Freedom cable operated by the Petitioner within the time framed by the Honble High Court.
For Petitioner : Mr.P.G.Kumaraguru For Respondent : Mr.M.A.Vimal Mohan, SC 1/7
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's online application dated 20.02.2023 and to consequently grant L.C.O.(Link) to the Freedom cable operated by the petitioner.
2. Mr.M.A.Vimal Mohan, learned Standing Counsel takes notice for the respondent. In view of the consent expressed by the Learned counsel appearing on either side, this petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner is running a Cable TV Network in the name and style of Freedom Cable Network for the past 30 years and the same was started by the petitioner with SCV Corporation (Sumangali Cable Vision) obtaining signal from them and giving cable TV Links to his customers. After the formation of Tamil Nadu Arasu Cable TV Corporation in Chennai, the petitioner made several attempts to get (L.C.O.) link for his Cable TV Network and on 11.07.2016, the petitioner paid 2/7
necessary charges to the respondent to obtain new L.C.O for his cable operation. While so, on 14.02.2017, the respondent directed the petitioner to take back the earlier demand draft and pay a new demand draft, as the earlier one has been lapsed, pursuant to which, the petitioner sent a new demand draft as early as on 09.03.2017. Despite the above said payment being made by the petitioner, the respondent did not give new L.C.O link to the petitioner's cable network. Aggrieved by the inaction on the part of the respondent, the petitioner made a representation dated 14.06.2021 before the respondent, pursuant to which, once again the respondent directed the petitioner to take fresh demand draft and the same was also complied with by the petitioner on 07.07.2021. Thereafter, the petitioner made a representation dated 21.12.
2022 before the respondent and upon receipt of the same, the respondent, vide letter dated 25.01.2023 directed the petitioner to make application through online. In compliance with the above direction of the respondent, the petitioner made an online application dated 20.02.2023, seeking grant of L.C.O. Link to his Cable TV Network running in the name and style of Freedom Cable Network and also paid a sum of Rs.8,500/-. However, till date, no orders have been passed on the said application. Hence, this Writ petition.
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4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondent to consider the petitioner's online application dated 20.02.2023 and grant L.C.O. Link to the Freedom Cable Network operated by the petitioner as expeditiously as possible.
5. Learned Standing counsel appearing for the respondent submitted that appropriate orders will be passed on the petitioner's online application dated 20.02.2023 within the time stipulated by this Court.
6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's online application dated 20.02.2023 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the 4/7
petitioner and aggrieved persons, if any.
7. Accordingly, this Writ petition stands disposed of with the above direction. No costs.
27.04.2023 skt Speaking Order : Yes/ No Index : Yes/ No To Tamil Nadu Arasu Cable TV Corporation, Rep. by its General Manager (Administration) Cum District Revenue Officer, Office at Thugar Towers, No.34, (123) 6th Foor, Marshal Road, Egmore - 600 008.
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M.DHANDAPANI., J.
skt 6/7
27.04.2023 7/7