P.A.Gowthaman @ Raja v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.Nos. 34035 and 34036 of 2017 P.A.Gowthaman @ Raja Gowthaman Director, M/s.S.G.S.Cables, Door No.152, Arisi Kadai Street, Mannargudi Taluk, Thiruvarur District 614 001.
... Petitioner in both W.Ps.
-vs1.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Dugar Towers, 6th Floor, No.123, Marshal Road, Egmore, Chennai 600 008.
2. The Deputy Manager/The Special Thasildhar, Tamil Nadu Arasu Cable TV Corporation, No.3/22, Marutham Nagar, Vilamal, Thiruvarur 614 001.
3. Mr.Madhan @ Madhanagopal ... Respondents in both W.Ps.
Prayer in W.P.No.34035 of 2017 : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to direct the respondents 1 and 2 herein to consider the petitioner's representation dated 17.11.2017 and thereby not to appoint any new Local Cable Operator (LCO) in the petitioner's area of operation in Cable TV business.
Prayer in W.P.No.34036 of 2017: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus to direct the respondents 1 and 2 herein to consider the petitioner's representation dated 17.11.2017 and thereby to provide Digital Signals.
For Petitioner : Mr.D.Lakshmipathy (in both W.Ps) For Respondents : No appearance (in both W.Ps) COMMON ORDER These writ petitions have been filed seeking for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 herein, to consider the petitioner's representation dated 17.11.2017 and dispose of the same.
2. The case of the petitioner is that the petitioner is a Cable TV Operator in Mannargudi in Thiruvarur District in the name and style of M/s.S.G.S.Cables with full infrastructure and carrying on Cable TV business even prior to the formation of the Tamil Nadu Arasu Cable TV Corporation (in short, TACTV). The TACTV provided digital connections to all the control rooms of TCO/DCO/MSO and without any alterations, the respective LCOs are getting their signals and the petitioner was appointed as a TCO (Taluk Cable Operator) for Mannargudi Taluk and the 3rd respondent was appointed as a DCO (District Cable Operator), who is providing signals after getting DAS license from TACTV under digital mode. While so, the grievance of the petitioner is no digital signal was provided to his control room by TACTV at the instance of the 3rd respondent. Hence the Writ Petitions.
3. Mr.D.Lakshmipathy, learned counsel appearing for the petitioner submits since the the petitioner was not getting digital signals at the instance of the 3rd respondent, the petitioner filed the Writ Petition and during the pendency of the Writ Petitions, there was no disturbance from the 3rd respondent and the petitioner has been receiving digital signals and now the petitioner is carrying on cable TV operations without any impediments. Hence, the learned counsel submits that the Writ Petitions may be closed. However, he seeks to grant liberty to approach this Court if any inconvenience being caused in future.
4. In view of the above submission made by the learned counsel for the petitioner, no further orders are necessary in these Writ Petitions. Accordingly the Writ Petitions are dismissed. The petitioner is at liberty to file a Writ Petition if any interruption is caused to the petitioner in carrying on its Cable TV operations. No costs.
Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar jd/rap To 1.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Dugar Towers, 6th Floor, No.123, Marshal Road, Egmore, Chennai 600 008.
2. The Deputy Manager/The Special Thasildhar, Tamil Nadu Arasu Cable TV Corporation, No.3/22, Marutham Nagar, Vilamal, Thiruvarur 614 001.
W.P.Nos. 34035 and 34036 of 2017 KV(CO) CB(11/01/2022)