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Madras High CourtWP/21723/2019disposed of

M.Baskaran, v. The Managing Director,

2021-12-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.21723 of 2019 Mr.M.Baskaran ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Arasu Cable TV Corporation, No.34(123), 6th Floor Dukar Tower, Marshal Road, Egmore, Chennai 600 008.

2.The District Deputy Manager/Special Tahsildar, Tamil Nadu Arasu Cable TVVorporation, Villupuram District, Villupuram 605 602.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to consider the representation of the petitioner dated 08.04.2019 and to direct the 1st respondent to restore the allotment and connection of LCO No.49919 or issue new LCO Number to the petitioner.

For Petitioner : Mr.S.Anandakumar For Respondent : Mr.Abdul Saleem, Standing Counsel (TNEB)

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1st respondent to consider the representation of the petitioner dated 08.04.2019 and to direct the 1st respondent to restore the allotment and connection of LCO No.49919 or issue new LCO Number to the petitioner.

2. In view of the limited relief sought for in this petition, On the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the Proprietor of the Baskaran Cable Network, who have been provisionally allotted LCO NO.49919, by the 1st respondent, to transmit signals under services of the Tamil Nadu Arasu Cable TV Corporation, with 62 connections at Sembarampattu Village, Sankarapuram Taluk, Villupuram District, and have paid necessary deposits and fees for transmission and setup boxes. To the shock and surprise of the petitioner, the 1st respondent has issued a show cause notice dated 06.02.2018 to suspend the license of the petitioner, stating that on inspection it was found that the petitioner is having only 12 connections as against allotted 62 connections. Thereafter on 19.02.2018, the petitioner has submitted suitable reply with the proof of 62 cable TV connections to the 1st respondent.

However, the said official, without considering the reply, had passed the impugned order dated 07.04.2018, cancelling the LOC No.49919 allotted to the petitioner. It is the further case of the petitioner that the petitioner has submitted a representation dated 08.04.2019 to the 1st respondent with all the necessary information to show that the petitioner is having more than 62 subscriber's connection and requested the 1st respondent to restore the LCO or allot new LCO to the petitioner. Though the said representation was received by the 1st respondent, till date no order has been passed on the same. Hence, this present petition has been filed.

4. Learned counsel appearing for the petitioner, would submit that this it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 08.04.2019 and pass orders on the same within a particular time frame fixed by this Court.

5.The learned Standing Counsel has no objection for said order being passed.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 1st respondent to consider the petitioner's representation dated 08.04.2019 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar sk To 1.The Managing Director, Tamil Nadu Arasu Cable TV Corporation, No.34(123), 6th Floor Dukar Tower, Marshal Road, Egmore, Chennai 600 008.

2.The District Deputy Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation, Villupuram District, Villupuram 605 602.

+1cc to Mr.Abdul Saleem, Advocate SR.No.62924 +1cc to Mr.S.Anandakumar, Advocate SR.No.62568 W.P.No.21723 of 2019 RSI(CO) CB(21/12/2021)