S.Saraswathy, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WRIT PETITION NOS.13158, 14915 AND 28945 OF 2017, AND WRIT PETITION NOS.2762, 5578, 6795, 6796 AND 6797 OF 2018 WP NO. 13158 OF 2017
1. S. SARASWATHY
2. G. PRADEEP KUMAR
3. A. VELMURUGAN .. PETITIONERS IN WP NO.13158 OF 2017
1. R.KARUNANIDHI
2. N.ANBUTHAMBI
3. P.THANGAM
4. N.BALAKRISHNAN
5. G.CHANDRA SEKAR .. PETITIONERS IN WP NO.14915 OF 2017
1. B.BHIRUNDA
2. B.MADHANAGOPAL
3. P.ARULRAJ
4. V.P.SOUNDRAPANDIYAN
5. R.MUTHUKUMARN
6. S.PREMALATHA
7. M.BHIRUNDA
8. M.ABDUL MALIK
9. N.GANGADHARAN 10.V.VENKATESAN 11.J.RAMESH 12.M.BHIRUNDA 13.M.BHIRUNDA 14.K.MUNIYANDI 15.N.DHINAKARAN .. PETITIONERS IN WP NO.28945 OF 2017
1. S.ANANDHA KUMAR .. PETITIONER IN WP NO.2762 OF 2018
1. B.ELANGOVAN .. PETITIONER IN WP NO.5578 OF 2018
1. A.ARUNAGIRI
2. B.DEVIBALA W/O.RAMESH
3. R.SRIDHAR
4. N.D.VENKATESAN
5. P.RAVICHANDIRAN
6. V.BALAJI S\O.VENKADESAN
7. M.MURUGAVEL S/O.MUNUSAMY .. PETITIONERS IN WP NO.6795 OF 2018 1.M/S.SIVASHRI DIGITAL NETWORK REP BY ITS MANAGING PARTNER GUBENDRAN S/O.SELLA PERUMAL NO.2A/1/105 VIDHYALAYA ROAD SRIRAGAPALAYAM ROAD EAST SALEM-636007 .. PETITIONER IN WP NO.6796 OF 2018 2.M/S.SIVASHRI DIGITAL NETWORK REP BY ITS MANAGING PARTNER GUBENDRAN S/O.SELLA PERUMAL NO.2A/1/105 VIDHYALAYA ROAD SRIRAGAPALAYAM ROAD EAST SALEM-636007 .. PETITIONER IN WP NO.6797 OF 2018
VERSUS
THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING A WING SHASTRI BHAVAN DR.RAJENDRA PRASAD ROAD NEW DELHI 110 001 ... IST RESPONDENT IN WP.NO.13158 OF 2017, 14915/17,28945/17,2762/18,5578/18,6795/18 M/S.TAMIL NADU ARASU CABLE TV CORPORATION LIMITED REP. BY MANAGING DIRECTOR, DUGAR TOWERS 6TH FLOOR O.NO. 34 N.NO. 123 MARSHALLS ROAD EGMORE CHENNAI 600 008 ... 2ND RESPONDENT IN WP NO.14915/17,28945/17,2762/18,5578/18,6795/18 M/S.TAMIL NADU ARASU CABLE TV CORPORATION LIMITED REP. BY GENERAL MANAGER,DUGAR TOWERS 6TH FLOOR O.NO. 34 N.NO. 123 MARSHALLS ROAD EGMORE CHENNAI 600 008 ... R2 IN WP NO.13158 OF 2017 THE UNION OF INDIA REP BY ITS SECRETARY THE MINISTRY FOR INFORMATION AND BROADCASTING ROOM NO.116 A WING SHASTRI BHAWAN NEW DELHI-110 001 THE CHAIRMAN TELECOM REGULATORY AUTHORITY OF INDIA JAWAHARLAL NEHRU MARG (OPP TO RAMLEELA MAIDHAN) NEW DELHI-110 002 THE DISTRICT COLLECTOR/ NODAL OFFICER SALEM DISTRICT COLLECTOR OFFICE SALEM ... RESPONDENTS in WP No.6796 of 2018
THE SECRETARY THE MINISTRY FOR INFORMATION AND BROADCASTING GOVERNMENT OF INDIA 2 KRISHNA MENON MARG NEW DELHI-110 001 THE DISTRICT COLLECTOR NODAL OFFICER CABLE TV SALEM DISTRICT THE MANAGING DIRECTOR ARASU CABLE TV CORPORATION LTD 34/123 6TH FLOOR DURGA TOWERS MARSHAL SALAI CHENNAI-08 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD SALEM DISTRICT ... RESPONDENT in WP No.6797 of 2018 Prayer:- These Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a writ mandamus to WP No.
13158 of 2017:- Directing the 1st respondent to forbear the 2nd respondent from allotting new Local Cable TV Operator in existing Local Cable TV Operator area and allow the petitioners to provide Digital Addressable System Signal to their intending customers and also direct the 1st respondent to take action on the 2nd respondent and its erring officials for disturbing of implementation of Digital Addressable System WP No.14915 of 2017:- Directing the 1st Respondent to forbear the 2nd Respondent from allotting new Local Cable TV Operator in existing Local Cable TV Operator area and allow the Petitioners to provide Digital Addressable System Signal to their intending customers and also direct the 1st Respondent to take action on the 2nd Respondent and its erring officials for disturbing of implementation of Digital Addressable System.
WP No.
Cable TV Operator area and allow the petitioners to provide Digital Addressable System Signal to their intending customers based on the representation of the Tamil Nadu Cable TV General Welfare Association dated 23.09.2016 and representation dated 06.11.2017 made by the petitioners to the respondents and also direct the 1st respondent to take action on the 2nd respondent and its erring officials for disturbing of implementation of Digital Addressable System as per the choice of their customers WP No.
2762 of 2018:- Directing the first respondent to forbear the 2nd respondent from allotting new Local Cable TV Operator in existing Local Cable TV Operator area and allow the petitioner to provide Digital Addressable System Signal to his intending customer based on the representation of the Tamil Nadu Cable TV General Welfare Association dated 23.09.2016 to the respondents and the representation of the petitioner dated 04.01.2018 to the 1st respondent and also direct the 1st respondent to take action of the 2nd respondent and its erring officials for disturbing of implementation of Digital Addressable System as per the choice of his customer WP No.
5578 of 2018:- Directing the first respondent to forbear the 2nd respondent from allotting new Local Cable TV Operator in existing Local Cable TV Operator area and allow the petitioner to provide Digital Addressable System Signal to his intending customer based on the representation of the Tamil Nadu Cable TV General Welfare Association dated 23.09.2016 to the respondents and the representation of the petitioner dated 04.01.2018 to the 1st respondent and also direct the 1st respondent to take action of the 2nd respondent and its erring officials for disturbing of implementation of Digital Addressable System as per the choice of his customer WP No.
6795 of 2018:- Directing the first respondent to forbear the 2nd respondent from allotting new Local Cable TV Operator in existing Local Cable TV Operator area and allow the petitioner to provide Digital Addressable System Signal to his intending customer based on the representation of the Tamil Nadu Cable TV General Welfare Association dated 23.09.2016 to the respondents and the representation of the petitioner dated 04.01.
implementation of Digital Addressable System as per the choice of his customer WP No.6796 of 2018:- Directing the 1st respondent to permit the petitioner firm to provide Analogue signal to its customers, to whom set top box is not provided, until the petitioners firm provide set top box to all its customers like similarly placed Multi System operators from its control room at Salem District. WP No.6797 of 2018:- Forbearing the 3rd and 4th respondents from interfering in day today activities of petitioners partnership firm and its optic fiber network laid thereon namely Sivasri Digital Network having control room at No.2A/1/105, Vidhyalaya Road, Sriragapalayam Road East, Salem-636007 from implementing Digital Addressable System to their local cable TV operators as per the Francisee agreement dated 09.02.2018 based on the petitioners representation dated 12.03.2018.
Appearance:
Mr.B.Prasanna Vinoth - Petitioner in WP'S and Mr.S.Diwakar for R1 in WP - 2762/18 & 5578/18 Mr.B.Sudhir Kumar CGSC for R1 in WP.13158/17 Mr.Venkatasamy Babu, SPC for R1 in WP.14915/17 Mr.Abdul Saleem for R2 in WPS.13158,14915/17,28945/17,2762/18 R3 in WP 6797/18,5578/18,6795/18 Mr.Dr.M.Devendran for R2 in WP.6796/18.
Mr.G.Krishnaraj G.A for R3 in WP.6796/18.
R2 & R4 6797/18 COMMON ORDER All these writ petitions are filed by the petitioners with an identical prayer to issue a Writ of Mandamus directing the first respondent to forbear the second respondent from allotting
new Local Cable TV Operator in the existing Local Cable TV Operator Area, where the petitioner is already carrying on business of providing Digital Addressable System Signal. 2.
Today, when these writ petitions are taken up for hearing by this Court, Mr. Prasanna Vinoth, learned counsel appearing for the petitioners in these writ petitions, fairly submitted that the relief sought for in these writ petitions no longer survives for consideration by this Court as the Local Cable TV Operations have been replaced by digital signals. 3.
Recording the said submission of the learned counsel for the petitioners, no further order is required to be passed in these writ petitions. All these writ petitions are disposedof. No costs. Consequently, all the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rsh To 1.THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING "A" WING, SHASTRI BHAVAN DR. RAJENDRA PRASAD ROAD NEW DELHI - 110 001 2.THE SECRETARY UNION OF INDIA THE MINISTRY FOR INFORMATION AND BROADCASTING ROOM NO.116 A WING SHASTRI BHAWAN NEW DELHI-110 001 3.THE CHAIRMAN TELECOM REGULATORY AUTHORITY OF INDIA JAWAHARLAL NEHRU MARG (OPP TO RAMLEELA MAIDHAN) NEW DELHI-110 002 4.THE DISTRICT COLLECTOR/ NODAL OFFICER SALEM DISTRICT COLLECTOR OFFICE SALEM
5.THE SECRETARY THE MINISTRY FOR INFORMATION AND BROADCASTING GOVERNMENT OF INDIA 2 KRISHNA MENON MARG NEW DELHI-110 001 6.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD SALEM DISTRICT +1cc to Mr.Venkataswamy Babu, Advocate, S.R.No.40265 +1cc to Mr.Sudhir Kumar , Advocate, S.R.No.40122 +2ccs to Mr.S.Diwakar, Advocate, S.R.No.40291,40289 +1cc to the Government Pleader, S.R.No.40769,40768 +8ccs to Mr.Abdul Saleem, Advocate, (S.R.No.40298,40505,40506,40511,40513,40499,40300,40297) WP Nos. 13158, 14915 & 28945 of 2017 and WP Nos. 2762, 5578, 6795, 6796 & 6797 of 2018 SVI(CO) PM/23/09/2021 PM/30/09/2021