V.M.C.Sekar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.11.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.22095 of 2019 and W.M.P.NO.21355 of 2019 V.M.C.Sekar .....Petitioner Vs
1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation, Nungambakkam, Chennai-34.
2. The Special Tahsildhar (Cable TV Operation), Tamil Nadu Arasu Cable TV Corporation, Namakkal.
3. Mayil Sundram @ N.Sundaram,
4. Logeswaran ....Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus directing the 2nd respondent to forthwith provide the uninterrupted Cable Television Signals to the petitioner M/s Parameshwari & SNS Centre, through Local Cable operator No.36250 at Old No.9C, New No.29, Paavadi Street, Sulthanpet, Parmathi-Velur Taluk, Namakkal District based on the representation dated 04.07.2019 for the License period till 02.10.2019 and consequently for forbear the 2nd respondent from disconnecting the Cable Television Signals except the process of law. For petitioner : Mr. N. Umapathy For Respondents 1 and 2 :Mr.S.Gunasekaran Standing Counsel For Respondents 3 and 4 : No Appearance
ORDER
The petitioner has filed this Writ petition seeking issuance of Writ of Mandamus directing the 2nd respondent to forthwith provide the uninterrupted Cable Television Signals to the petitioner M/s Parameshwari & SNS Centre, through Local Cable operator No.36250 at Old No.9C, New No.29, Paavadi Street, Sulthanpet, Parmathi-Velur Taluk, Namakkal District based on the representation dated 04.07.19 for the License period till 02.10.2019 and consequently for forbear the 2nd respondent from disconnecting the Cable Television Signals except the process of law.
2. The case of the prosecution is that the petitioner is a Cable TV operator with 1050 customers and doing business after obtaining appropriate licence from the 1st respondent since 27 years and has been paying the subscription charges promptly. While being so, the respondents 3 & 4 who are the local politicians forced the petitioner to purchase a set box of particular company and due to his refusal to do so, the cable TV signals were disconnected illegally. Thereafter the petitioner had approached the 2nd respondent, the Tahsildhar, Tamil Nadu Arasu Cable TV Corporations, Namakkal, who asked him to approach the respondents 3 & 4. Thereafter the petitioner made a representation before the 1st respondent on 18.06.2019 however, till date no action was taken and no order was passed. Hence the present writ petition has been filed seeking the above relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 04.07.2019 and pass orders on the same within a particular time frame fixed by this Court.
4. The learned Government Advocate has no objection for said order being passed.
5.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to consider the petitioner's representation dated 18.06.2019 on merits and in accordance with law and after hearing the petitioner as well as the respondents 3 & 4 and
pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR NHS To
1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation, Nungambakkam, Chennai-34.
2. The Special Tahsildhar (Cable TV Operation), Tamil Nadu Arasu Cable TV Corporation, Namakkal.
+1cc to M/s.Abdul Saleem, Advocate Sr.57759 W.P.No.22095 of 2019 & W.M.P.No.21355 of 2019 gpl[co] srg 02/12/2021