M.Selvam, v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2019 CORAM :
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11123 of 2017 and W.M.P.No.12055 of 2017 M.Selvam
...Petitioner
..Vs..
1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Thukar Towers, No.34 (123), 6th Floor, Marshal Road, Egmore, Chennai - 600 008.
2. The Superintendent of Police, Kancheepuram, Kancheepuram District.
3. The Deputy Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., No.4, Ekambaranathan Koil Street, Kancheepuram District.
4. The Inspector of Police, E-9, Thazhambur Police Station, O.M.R. Road, Kancheepuram District.
5. V.Meganathan ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the third respondent to implement the license, vide no.LCO 49969, dated 31.08.2016, without the due and illegal interference of the fifth respondent in respect of the area situated at Tamil Nadu Police Housing Corporation Premises, Melakottaiyur, Kancheepuram District.
For Petitioner :Mr.B.L.Jayakandan For Respondents :Mr.S.Gunasekaran (R1 & R3) Standing Counsel Mr.I.Sathish (R2 & R4) Additional Government Pleader Mr.M.R.Murugan (R5)
O R D E R
The petitioner seeks for a Mandamus directing the third respondent to implement the license, vide No.LCO 49969, dated 31.08.2016, without the due and illegal interference of the fifth respondent in respect of the area situated at Tamil Nadu Police Housing Corporation Premises, Melakottaiyur, Kancheepuram District.
2. The petitioner is issued with the license for running a Cable Television Network in Melakkottaiyur, Chennai-127, by the Post Master, Tambaram H.O. through registration certificate dated 31.08.2016. Likewise, the fifth respondent herein is also issued with similar license to run the cable television network in Vandalur, Chennai-600048 through Registration Certificate dated 18.12.2017.
3. The grievance of the petitioner before this Court is that the fifth respondent is trying to operate the cable television network within the area to which the license is granted to the petitioner namely Melakkottaiyur, Chennai 127, more particularly, at the Tamil Nadu Police Housing Corporation Premises.
4. The learned standing counsel appearing for the first and third respondents submitted that the respective parties should confine their cable television network operation within the area to which their respective license was granted and therefore, one cannot encroach upon the other area.
5. Considering the above stated facts and circumstances and considering the respective license issued to the parties namely the petitioner and the fifth respondent, it is made clear that the respective parties should confine their cable television network operation within the area to which license is issued by the competent authority and not to operate outside the said area. If any party is violating the territorial jurisdiction of such license, it is open to the licensing authority as well as the first and third respondents to take appropriate action against the erring party.
6. With the above said submissions, the writ petition is disposed of.
No costs.
Consequently, the connected miscellaneous petition is closed.
sni/arr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Thukar Towers, No.34 (123), 6th Floor, Marshal Road, Egmore, Chennai - 600 008.
2. The Superintendent of Police, Kancheepuram, Kancheepuram District.
3. The Deputy Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., No.4, Ekambaranathan Koil Street, Kancheepuram District.
4. The Inspector of Police, E-9, Thazhambur Police Station, O.M.R. Road, Kancheepuram District.
+1cc to Mr.B.L.Jayakandan, Advocate,Sr.No.832 +1cc to Mr.M.R.Murugan Advocate,Sr.No.1293 +1cc to The Govt.Pleader,vide, SR.No.2339 W.P.No.11123 of 2017 kak(25/01/2019)