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Madras High CourtWP/27869/2024disposed of

M.S.Malarmani v. Airport Authority Of India

2025-08-20Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH Mrs.M.S.Malarmani ..

Petitioner v.

Airport Authority of India Estate Section, Regional Headquarters Southern Region Chennai 600 027 ..

Respondent Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records of the Respondent and to quash the Impunged Notice in Notice No.AAI/RHQ/SR/CABLETV / EST dated 13.08.2024 passed by the respondent. For Petitioner ::

Mr.A.Ramesh Manikandan For Respondent ::

Mrs.S.R.Sumathy

ORDER

This writ petition has been filed challenging the impugned notice

issued by the respondent dated 13.08.2024, wherein the petitioner has been directed to handover the vacant space on or before 15.09.2024 and stop providing Cable TV service connection to the residential colony under the control of the Airports Authority of India (for short, "the AAI").

2. The case of the petitioner is that her husband decided to conduct the business as Cable TV operator and by virtue of the permission granted by the AAI, investments were made and the Cable TV connection was given to the residents. The grievance of the petitioner is that the respondent, without any power or authority, issued the impugned notice to the effect that the petitioner must vacate the place and must stop providing the Cable TV connection. It is under these circumstances, the present writ petition came to be filed before this Court.

3. The respondent has filed a counter affidavit. The respondent has taken a stand that the original agreement was to provide Cable TV service to the residential colony. Subsequently, the residents started installing Dish Antenna and therefore, it was felt that the petitioner need not continue with

the business of providing Cable TV connection. The matter was discussed by the Committee and a decision was taken and it was conveyed to the petitioner. The respondent has taken a stand that the petitioner does not have a legal right to insist that she will continue to do the business in the place, which comes under the control of the AAI and accordingly, the respondent has sought for the dismissal of this writ petition.

4. Heard both sides.

5. The Airports Authority of India is having residential accommodation at Meenambakkam. Initially, they entered into an agreement with the private enterprise in the year 2002 for providing Cable TV service within the residential colony. As per the terms of agreement, the Cable TV service is for a period of three years, for which licence fee is payable. The petitioner came into the scene later in the year 2018. The place where the petitioner runs the business belongs to the AAI. It is only based on the permission given by the AAI, the petitioner is able to provide Cable TV connection to the residents of the colony. Hence, it is more in the

nature of licence given to the petitioner to provide Cable TV connection. The petitioner cannot, as a matter of right, seek for continuance of her business for ever. Under such circumstances, the petitioner does not have the legal right to insist that the respondent must grant the permission and the petitioner must be permitted to give the Cable TV connection to the residents of the colony under the control of the AAI.

6. In the light of the above discussion, this Court finds that sometime can be granted to the petitioner to vacate and handover the premises. This is in view of the fact that the petitioner had the advantage of an interim order from the year 2024 onwards. Hence, the petitioner is directed to vacate and handover the premises to the respondent on or before 31.12.2025. The licence fee payable by the petitioner shall be remitted till the property is vacated and handed over to the respondent as directed in this order. It is made clear that if the petitioner does not vacate by 31.12.2025, it is left open to the respondent to take possession of the property.

7. This writ petition is disposed of in the above terms. Consequently,

W.M.P.Nos.30388 & 38425 of 2024 are closed. No costs. Index : yes/no 20.08.2025 ss To

1. The Manager Estate Section Airport Authority of India Regional Headquarters Southern Region Chennai 600 027

N.ANAND VENKATESH,J.

ss 20.08.2025