Adhithiya Digital v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.12.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NO.22736 OF 2017 AND W.M.P.NO.23832 OF 2017 Adhithiya Digital Communication, represented by its Managing Partner, R.Govarthanan S/o.E.Ramachandran, No.23/C, Apparoa Street, Kanchipuram - 631 502 ... Petitioner Vs.
1. The Secretary, The Hon'ble Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delthi - 110 001.
2. The District Collector/Nodal Officer, Cable TV, Kanchipuram, Kanchipuram District.
3. The Managing Director, Arasu Cable TV Corporation Limited, 34/123, 6th Floor, Durga Towers, Marshal Salai, Chennai - 600 008.
4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, Kanchipuram, Kanchipuram District.
... Respondents PRAYER :
Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the third and fourth respondents from interfering in day to day activities
of petitioner's partnership firm namely Adithiya Digital Communication having control room at No.23/C, Apparoa Street, Kanchipuram - 631 502 and the petitioner's firm sub control room at No.18, Sanithi Street, Sriperumpudur - 602 015 Kanchipuram District from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement dated 08.06.2017 based on the petitioner's representation dated 18.08.2017.
For Petitioner : Mr.Vinoth Raj M/s.B.Prasanna Vinoth For R1 : Mrs.N.K.Nithilavani For R2 & R4 : Mr.M.Shahjahan Special Government Pleader For R3 : Mr.Abdul Saleem
ORDER
This Writ Petition has been filed to issue a Writ of Mandamus, to forbear the 3rd and 4th respondents from interfering in day to day activities of petitioner's partnership firm namely Adithiya Digital Communication having control room at No.23/C, Apparoa Street, Kanchipuram - 631 502 and the petitioner's firm sub control room at No.18, Sanithi Street, Sriperumpudur - 602 015, Kanchipuram District from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement dated 08.06.2017 based on the petitioner's representation dated 18.08.2017.
2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that the petitioner has been permitted to get signals from private MSO's and they were received encrypted signals for Television Channels from Arasu Cable TV Corporation. As of now, there is no interruption from the respondents. Hence, no further order is required.
3. The learned counsel appearing for the respondents would submit that now the petitioner has been getting signals from private MSO's and not from the Arasu Cable TV Corporation. Thus, some of the setup boxes provided by the Arasu Cable TV Corporation, have been kept idle and the same may be directed to be returned.
4. In such an event, if they are not using any setup boxes
provided by the Arasu cable TV Corporation, certainly the same shall be returned to the Arasu Cable TV Corporation. Hence, the petitioner is directed to return all the setup boxes to the Arasu Cable TV Corporation, which are not in use.
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Pns To
1. The Secretary, The Hon'ble Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delthi - 110 001.
2. The District Collector/Nodal Officer, Cable TV, Kanchipuram, Kanchipuram District.
3. The Managing Director, Arasu Cable TV Corporation Limited, 34/123, 6th Floor, Durga Towers, Marshal Salai, Chennai - 600 008.
4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, Kanchipuram, Kanchipuram District.
+1cc to Mr.Abdul Saleem, Advocate, S.R.No.63273 +1cc to the Government Pleader, S.R.No.63803 W.P.No.22736 of 2017 and W.M.P.No.23832 of 2017 UM(CO) PM/31/01/2022