Multicity Digital Consortium v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.12.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NOS.33390 TO 33398 OF 2017 AND W.M.P.NOS.36871 TO 36879 OF 2017 IN W.P.NO.33390 OF 2017:
MULTICITY DIGITAL CONSORTIUM PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, K.RAJA, S/O.M.KULANTHAIVELU, R.A.COMPLEX, 1ST FLOOR, BINNY COMPOUND, NO.42, SABARI SALAI, TIRUPPUR - 641 601.
... PETITIONER IN ALL PETITIONS VS.
1.
THE SECRETARY, THE MINISTRY FOR INFORMATION AND BROADCASTING, GOVERNMENT OF INDIA, 2, KRISHNA MENON MARG, NEW DELTHI - 110 001.
... 1ST RESPONDENT IN ALL PETITIONS 2.
THE DISTRICT COLLECTOR/NODAL OFFICER, CABLE TV, TIRUPPUR DISTRICT, TIRUPPUR.
... 2ND RESPONDENT IN WP.33390/2017 THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV KRISHNAGIRI DISTRICT KRISHNAGIRI ... 2ND RESPONDENT in WP No.33391 of 2017 & 33392 of 2017
THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV COIMBATORE DISTRICT COIMBATORE ... 2ND RESPONDENT in WP No.33393 of 2017 & 33394 of 2017 THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV ERODE DISTRICT ERODE ... 2ND RESPONDENT in WP No.33395 of 2017 THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV KADALOOR DISTRICT KADALOOR ... 2ND RESPONDENT in WP No.33396 of 2017 THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV VELLORE DISTRICT VELLORE ... 2ND RESPONDENT in WP No.33397 of 2017 THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV DHARMAPURI DISTRICT DHARMAPURI ... 2ND RESPONDENT in WP No.33398 of 2017 3.
THE MANAGING DIRECTOR, ARASU CABLE TV CORPORATION LIMITED, 34/123, 6TH FLOOR, DURGA TOWERS, MARSHAL SALAI, CHENNAI - 600 008.
... 3RD RESPONDENT IN ALL PETITIONS
4.
THE SPECIAL TAHSILDAR, TAMIL NADU ARASU CABLE TV CORPORATION LIMITED, TIRUPPUR, TIRUPPUR DISTRICT.
... 4th RESPONDENT in WP.33390 OF 2017 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD KRISHNAGIRI KRISHNAGIRI DISTRICT ... 4th RESPONDENT in WP No.33391 of 2017 & 33392 of 2017 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD COIMBATORE COIMBATORE DISTRICT ... 4th RESPONDENT in WP No.33393 of 2017 & 33394 of 2017 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD ERODE ERODE DISTRICT .. 4th RESPONDENT in WP No.33395 of 2017 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD KADALOOR KADALOOR DISTRICT .. 4th RESPONDENT in WP No.33396 of 2017 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD VELLORE VELLORE DISTRICT .. 4th RESPONDENT in WP No.33397 of 2017 THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD DHARMAPURI DHARMAPURI DISTRICT .. 4th RESPONDENT in WP No.33398 of 2017
PRAYER in W.P.No.33390 of 2017 :
Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 3rd and 4th respondents from interfering in day to day activities of petitioner's company namely Multicity Digital Consortium Private Limited Control room 1 at R.A.Complex, 1st Floor, Binny Compound, No.42, Sabari Salai, Tirupur-641 601(WP.33390/17),at 1/153-6, Aathiyaman Nagar, Rayakottai Road, Krishnagiri- 635 001 (wp.33391/17),at Opp Big Bazaar H-4 2nd Floor, Bagalur Road, Hosur Taluk, Krishnagiri District(WP.33392/17), at 156, DPF Street, Ramasamy Layout Pappanaickenpalayam, Coimbatore- 641 037 (WP.33393/17), 122/331, Second Floor, Karamadai Main Road, Mettupalayam, Coimbatore District (WP.33394/17), at T.V.R. Corner 2nd floor, Old Bus Stand road, Perundurai- 638 052, Erode District (WP.
33395/17), at OPR Plot, 2nd Main Street, Parvathipuram, Vedalur, Kadaloor District (WP.33396/17), at No.344/J2/5, Jamath Road, Kooja Complex, Vaniyampadi, Vellore District (WP.33397/17), at Door No.4/1077, Indhira Nagar, 1st Street, Dharmapuri, Dharmapuri District (WP.33398/17)from implementing Digital Addressable System to their local cable TV operators as per the MSO license dated 31.12.2015 and representation dated 20.11.2017, 18.11.2017, 19.11.2017, 20.11.2017, 19.11.2017, 06.11.2017, 17.11.2017, 19.11.2017 & 20.11.2017 respectively.
For Petitioner : Mr.Vinoth Raj for M/s.B.Prasanna Vinoth ...in all WPs.
For R2 & R4 : Mr.M.Shahjahan Special Government Pleader ... in all Wps.
For R3 : Mr.Abdul Saleem ...in all WPs.
COMMON ORDER These Writ Petitions have 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 company from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement based on the petitioner's representations.
2. When these matters are taken up for hearing, the learned counsel appearing for the petitioner would submit that the
petitioners have 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 orders are required.
3. The learned counsel appearing for the respondents would submit that now the petitioners have 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 surrender all the setup boxes to the Arasu Cable TV Corporation, which are not in use.
5. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Pns To
1. THE SECRETARY, THE MINISTRY FOR INFORMATION AND BROADCASTING, GOVERNMENT OF INDIA, 2, KRISHNA MENON MARG, NEW DELTHI - 110 001.
2. THE DISTRICT COLLECTOR/NODAL OFFICER, CABLE TV, TIRUPPUR DISTRICT, TIRUPPUR.
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, TIRUPPUR, TIRUPPUR DISTRICT.
5. THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV KRISHNAGIRI DISTRICT KRISHNAGIRI
6. THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV COIMBATORE DISTRICT COIMBATORE
7. THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV ERODE DISTRICT ERODE
8. THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV KADALOOR DISTRICT KADALOOR
9. THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV VELLORE DISTRICT VELLORE. 10.THE DISTRICT COLLECTOR/ NODAL OFFICER CABLE TV DHARMAPURI DISTRICT VELLORE. 11.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD KRISHNAGIRI KRISHNAGIRI DISTRICT 12.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD COIMBATORE COIMBATORE DISTRICT 13.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD ERODE ERODE DISTRICT 14.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD KADALOOR KADALOOR DISTRICT
15.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD VELLORE VELLORE DISTRICT 16.THE SPECIAL TAHSILDAR TAMIL NADU ARASU CABLE TV CORPORATION LTD DHARMAPURI DHARMAPURI DISTRICT +1cc to Mr.Abdul Saleem, Standing Counsel, S.R.No.63272 W.P.NOS.33390 TO 33398 OF 2017 AND W.M.P.NOS.36871 TO 36879 OF 2017 SSI(CO) PM/14/02/2022