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Madras High CourtWP/880/2020dismissed

A.Saraswathy, v. The Secretary,

2024-06-10Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 880 of 2020 and W.M.P.No. 1058 of 2020

1. A.Saraswathy

2. M.V.Vijayalakshmi

3. A.Revathy

4. P.Elumalai ....

Petitioners Vs

1. The Secretary, Government of India, Ministry of Information and Broadcasting, Room No.655 "A" Wing, Sastri Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 001.

2. Government of India, Department of Post, Represented by the Head Post Master, Ambattur Head Post Office (HSG-1) Ambattur, Chennai - 53.

3. M/s.Tamil Nadu Arasu Cable TV Corporation, Represented by its Managing Director, Marshals Road, Egmore, Chennai - 600 008.

4. Mari Muthu

(both in the personal capacity and in the capacity of Deputy Manager) Chennai - Region, Marshals Road, Egmore, Chennai - 600 008.

5. The General Manager Southern Railways, P.H.High Road, Chennai.

6. The Chief Commissioner of Railway Safety, (Incharge of Southern Railways), Chennai.

7. Anitha Proprietor of M/s.Vinayaka Cable Vision, No.65/101, NRS Road, Sivalingapuram, Korattur, Chennai - 600 076.

8. Srisaran ....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the third respondent to reallot the consolidated area of operation of the 7th respondent under LCO1A License No.103225 from Korattur West Zone to any other area or areas other than the areas already allotted to the petitioners. For Petitioner : No appearance For R1 & R2 : Mr.K.Guna Sekar Special Panel Counsel For R3 : Mr.David Sunder Singh Standing Counsel For R5 & R6 : Mr.P.T.Ram Kumar For R7 & R8 : Mr.K.V.Shanmuganathan

ORDER

This Writ Petition has been filed for a direction directing the third respondent to re-allot the consolidated area of operation of the 7th respondent under LCO1A License No.103225 from Korattur West Zone to any other area or areas other than the areas already allotted to the petitioners.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen that the petitioners as well as the respondents 7 and 8 are the license holders to operate their cable TV in their respective areas. Now, the petitioners want to take the entire area as monopoly and sought for direction to re-allot the consolidated area of operation of the seventh respondent. Already the seventh and eighth respondents are running their respective cable TV operation in their respective areas. That apart, the petitioners are having outstanding payment to the third respondent.

4. Therefore, the direction sought for in this writ petition cannot be considered. Thus, the writ petition itself is devoid of merits

and is liable to be dismissed. Accordingly, this writ petition stands dismissed. However, the third respondent is at liberty to take appropriate action as against the petitioners for their outstanding dues. Consequently, connected miscellaneous petition is closed. No costs. 10.06.2024 Internet : Yes Index : Yes/No Lpp To

1. The Secretary, Government of India, Ministry of Information and Broadcasting, Room No.655 "A" Wing, Sastri Bhavan, Dr.Rajendra Prasad Road, New Delhi - 110 001.

2. Government of India, Department of Post, Represented by the Head Post Master, Ambattur Head Post Office (HSG-1) Ambattur, Chennai - 53.

3. M/s.Tamil Nadu Arasu Cable TV Corporation, Represented by its Managing Director, Marshals Road, Egmore, Chennai - 600 008.

G.K.ILANTHIRAIYAN, J.

Lpp W.P.No. 880 of 2020 and W.M.P.No. 1058 of 2020 10.06.2024