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Madras High CourtWP/27118/2017dismissed

Delta Digital Vision, Rep By v. The Secretary,

2021-11-26Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM:

The HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.27118 of 2017 and W.M.P.No.28972 of 2017 Delta Digital Vision, represented by its Managing Partner, A.M.Senthil Kumar, S/o. Mani, 94/H, First Floor, AST Complex, Nagai Byepass Road, Thiruvarur, Tamil Nadu - 610001.

... Petitioner Vs.

1. The Secretary, The Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.

2. The District Collector/Nodal Officer, Cable TV Thiruvarur District, Thiruvarur.

3. The Managing Director, Arasu Cable TV Corporation Ltd., 34/123, 6th Floor, Durga Towers, Marsal Salai, Chennai - 600 008.

4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Thiruvarur, Thiruvarur District.

... Respondents.

PRAYER: This petition has been filed under Section 226 of the Constitution of India to issue a Writ of Mandamus forbearing the 3rd and 4th respondents from interfering in day to day activities of petitioner's partnership firm namely Delta Digital vision having Head control room at 94/H, First Floor, AST Complex, Nagai Byepass Road, Thiruvarur, Tamil Nadu - 610001 and Hub control room at No.12, Keelaveethi, Thirithuripundi Taluk, Thiruvarur District from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement dated 07.08.2017 based on the petitioner's representation dated 03.10.2017.

For Petitioner :

Mr.B.Prasanna Vinoth For R1 :

Mr.T.V.Krishnama Chari Senior Panel Counsel For R2 :

Mr.V.Nanmaran Additional Government Pleader For R3 & R4 :

Mr.Abdul Saleem

O R D E R

This Writ Petition has been filed for a direction against the 3rd and 4th respondents from interfering with the day-to-day activities of petitioner's partnership firm.

2. When the matter is taken up today, the learned counsel appearing for the 3rd and 4th respondents submitted that the respondents are not at all interfering with the affairs of the petitioner and further submits that the petitioner is not carrying on any business activities of Cable TV with the Arasu Cable Network. Therefore, the question of interfering in the affairs of the petitioner's business does not arise at all.

3. In reply, the learned counsel appearing for the petitioner submits that the petitioner is not at all associated with the Arasu Cable Network and was availing cable TV Network through private operators. In such case, the question of interference by the 3rd and 4th respondents does not arise.

4. In view of the above submissions, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar Pns To 1.The Secretary, The Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.

2.The District Collector/Nodal Officer, Cable TV Thiruvarur District, Thiruvarur.

3.The Managing Director, Arasu Cable TV Corporation Ltd., 34/123, 6th Floor, Durga Towers, Marsal Salai, Chennai - 600 008.

4.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Thiruvarur, Thiruvarur District.

+1cc to Mr.Abdul Saleem, Advocate SR. No.61827 +1cc to Government Pleader SR. No.62240 W.P.No.27118 of 2017 and W.M.P.No.28972 of 2017 VBM (CO) PR (15/12/2021)