D.Nalina, v. The Telecom Regulatory

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.2580 of 2013 and M.P.No.1 of 2013 D.Nalina ... Petitioner Vs

1. The Telecom Regulatory Authority of India rep.by its Senior Research Officer C & B, Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, New Delhi 110 002.

2. The Managing Director, Tamilandu Arasu Cable TV, Chennai.

3. The Special Tahsildar/manager, Tamilnadu Arasu Cable TV Palthurad Vazhagum, Ariyalur.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to conduct a survey for the number of connections possessed by the petitioner's Star Vision Cable for the enrollment No.lCO 35662 and fix the subscription fees as per the TRAI regulations and Cable Television Network Regulation act. For Petitioner : Mr.R.Thiagarajan For R1 : No Appearance For R2 and R3 : Mr.Abdul Saleem Special Government Pleader

O R D E R

This petition has been filed for seeking issuance of a writ of Mandamus directing the respondents to conduct a survey to note down the number of connections possessed by them for the enrollment No.lCO 35662 and fix the subscription fees, as per the TRAI regulations and Cable Television Network Regulation act.

2. Heard Mr.R.Thiagarajan, learned counsel appearing for the petitioner and Mr.Abdul Saleem, learned Special Government Pleader appearing for the respondents 2 and 3.

3. The learned counsel for the respondents submit that if a specific direction is given to conduct a resurvey of connection, the same will be complied with.

4. In view of the same, there shall be a direction to the third respondent to conduct a survey and note down the number of connections, possessed by the Star Vision Cable, for the enrollment No.LCO 35662 and fix the subscription fee, within a period of six weeks from the date of receipt of a copy of this order. The said survey shall be conducted in the presence of the petitioner or his representative.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kkd To

1. The Senior Research Officer C & B Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, New Delhi 110 002.

2. The Managing Director, Tamilandu Arasu Cable TV, Chennai.

3. The Special Tahsildar/manager, Tamilnadu Arasu Cable TV Palthurad Vazhagum, Ariyalur.

+1cc to the Government Pleader, S.R.No.61685 W.P.No.2580 of 2013 and M.P.No.1 of 2013 SK(CO) CA(29/11/2016)