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Madras High CourtWP(MD)/2446/2021disposed of

Ramesh.K.J v. Union Of India

2023-08-30Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.2030 of 2021 K.J.Ramesh ...

Petitioner Vs.

1.Union of India Rep. by its Secretary to the Govt of India, The Ministry of Information and Broadcasting No.116, A Wing, Shasthri Bawan, New Delhi - 110 001.

2.The Chief Postmaster General Tamil Nadu Circle, Anna Road, Chennai - 600 002.

3.The Post Master Head Post Office, Thoothukudi.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the entire record 1/6

pertaining to the impugned proceeding of the third respondent No.252/CTV/DLGS dated 12.12.2019 and quash the same as illegal and consequently direct the third respondent to issue "Postal Registration Certificate" for the petitioner for the period 2019-2020 on the basis of Form-1 and Form-2 (Renewal of "Postal Registration Certificate") dated 09.11.2019 or to grant liberty to the petitioner to file afresh application for "Postal Registration Certificate". For Petitioner : Mr.P.M.Vishnuvarthnan For Respondents : Mr.H.Lakshmi Shankar Senior Panel Counsel

ORDER

This writ petition is filed to quash the impugned order, dated 12.12.2019 and also seeking direction to the third respondent to issue "Postal Registration Certificate".

2. Heard Mr.P.M.Vishnuvarthnan, the Learned counsel appearing for the petitioner, Mr.H.Lakshmi Shankar, the Learned Senior Panel Counsel appearing for the respondents and perused the material documents available on record.

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3. Admittedly, the petitioner is a Cable TV License holder upto 10.11.2018. The petitioner's license was valid only until 10.11.2018. The petitioner is supposed to renew the license before the expiry, i.e., 10.11.2018. But the petitioner has preferred an application, after lapse of one year i.e., on 09.11.2019.

4. The Learned Senior Panel Counsel appearing for the respondents submitted that there is no provision for renewal, when it is filed after lapse of valid period.

5. In view of the aforesaid submission, the petitioner is at liberty to file an application, within a period of two weeks, from the date of receipt of a copy of the order and thereafter, the respondents shall consider the application and pass orders, within a period of four weeks therefrom. The respondents shall not reject the application by citing the reason that the application is beyond the valid period.

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6. With these observations and directions this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 30.08.2023 Internet : Yes NCC : Yes / No ksa 4/6

To 1.Union of India Rep. by its Secretary to the Govt of India, The Ministry of Information and Broadcasting No.116, A Wing, Shasthri Bawan, New Delhi - 110 001.

2.The Chief Postmaster General Tamil Nadu Circle, Anna Road, Chennai - 600 002.

3.The Post Master Head Post Office, Thoothukudi.

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S.SRIMATHY, J ksa Order made in W.P.(MD)No. 2446 of 2021 30.08.2023 6/6