Madras High CourtWP/17469/2017disposed of

J.Senthi Kumar v. The Secretary, Trai,

2017-11-13Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.17469 of 2017 J.Senthil Kumar, Managing Director, M/s.Garuda Digital Netcom Pvt.Ltd., Seenu Mansion, 2nd Floor,D.No.4/81, Soodamani Street, Dharmapuri, Tamil Nadu - 636 705.

... Petitioner Vs.

1. The Chair Person, TRAI, Mahanagar Door Shanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, Near Dr. Zakir Husain College, New Delhi - 110 002.

2. The Secretary, Ministry of Information and Broadcasting, No.116, A Wing, Shastri Bawan, New Delhi -110 001.

3. The Managing Director, Tamil Nadu Arasu Cable TV corporation Ltd, Dugar Towers, 6th Floor, 123 Marshal Road, Egmore, Chennai- 600 008.

4. The Special Thasildhar/Depuy Manager, Krishnagiri 635 115.

5. The Special Thasildhar/Depuy Manager, Dharmapuri 636 705.

6. The Thasildar, Bangalore Road, Krishnagiri District 635 001.

7. The Thasildhar, Dharmapuri District 636 701.

8. The District Collector, Krishnagiri District 635 115.

9. The District Collector, Salem Main Road, Near Superintendent of Police Office, Dharmapuri District.

10. The Revenue Divisional Officer, Veerapa nagar, Krishnagiri District- 635 001.

11. The Revenue Divisional Officer, Dharmapuri District -636 701.

12. The Superintendent of Police, Krishnagiri District - 635 001.

13. The Superintendent of Police NH-7 Dharmapuri, Dharamapuri District -636 701.

14. The Chief Secretary office, St. George Fort, Chennai- 600 009.

15. The DGP of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai-600 004.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus forbearing the respondents 3 to 13 from taking any action of any kind against the petitioner in violation of DISTIGALIZED ADDRESSABLE SYSTEM license issued by the 2nd respondent dated 29.03.2017 to the petitioner in terms and regulations of the 1st respondent and in accordance with Cable Television Network (Regulations) Act, 1995.

For Petitioner : Mr.V.R.Venkatesan For Respondents : Mr.M.Devendran for R1 Standing counsel Mr.S.Gunasekaran for R3 to R5 Mr.P.Senthivel for R6 to R15 Government Advocate No Appearance for R2

O R D E R

The petitioner seeks for a mandamus forbearing the respondents 3 to 13 from taking any action of any kind against the petitioner in violation of DISTIGALIZED ADDRESSABLE SYSTEM license issued by the 2nd respondent dated 29.03.2017 to the petitioner in terms and regulations of the 1st respondent and in accordance with Cable Television Network (Regulations) Act, 1995. 2.Heard both sides.

3.The grievance of the petitioner is that the respondents 3 to 13 would indulge in acting against the interest of the petitioner without following the due procedure. Ventilating such grievance, the petitioner already made a representation on 13.06.2017. Therefore, it is for the respondents 4 and 5 to consider the said representation and pass orders on the same on merits and in accordance with law. Such exercise shall be done by the respondents 4 and 5 within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vri To