V.Rosemary, W/O.G.Vijayakumar v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD) No.3701 of 2018 V.Rose Mary ...
Petitioner Vs.
1. The Managing Director, Arasu Cable TV Corporation Ltd., No.34/123, 6th floor, Durga Towers, Marsal Salai, Chennai - 600 008.
2. The District Collector, Office of Collectorate, Madurai.
3. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Madurai, Madurai District.
4. The Post Master, Tallakulam, Head Post Office, Madurai - 625 002.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to take on file and pass appropriate orders by granting license for the cable TV operation in the name of the petitioner from the existing license holder, the petitioner's husband, Vijayakumar's name with all infrastructures and employees and connection holders (consumers) as per the contemplated provisions of the concerned Acts and Rules based on the representation dated 16/02/2018.
For Petitioner : M/s.K.M.Priscilla Jancy For R1 & R2 : Mr.S.Gunasekaran For R4 : Mr.G.Rajaraman
ORDER
This writ petition has been filed seeking direction to the respondents to grant licence in the petitioner's name to conduct cable TV operation.
2.According to the petitioner, her husband one Vijayakumar, having postal licence, was running local cable TV network and he died on 01.01.2018. After the death of her husband, the petitioner has filed an application before the fourth respondent, seeking to grant licence in her name to conduct cable TV operation. So far, no order has been passed by the fourth respondent. Hence, this writ petition has been filed. 3.Earlier, notice has been issued to the respondents 1, 2 and 4. Today, when the matter is taken up for hearing, the learned counsel appearing for the fourth respondent submitted that the petitioner's application has already been rejected on 22 02.2018 on the ground that once the licence holder ceases to exist, the licence stands cancelled automatically.
4.The learned counsel appearing for the petitioner submitted that the petitioner has not sought for any renewal of licence or change of licence. The application is filed seeking to grant new licence. She has also produced the application, submitted before the fourth respondent.
5.From the perusal of the application, it is seen that the application is made only seeking to grant new licence and the petitioner has not sought for any renewal.
6.In the above circumstances, the fourth respondent is directed to consider the petitioner's application dated 16.02.2018 afresh and pass suitable orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7.With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar TO
1. The Managing Director, Arasu Cable TV Corporation Ltd., No.34/123, 6th floor, Durga Towers, Marsal Salai, Chennai - 600 008.
2. The District Collector, Office of Collectorate, Madurai.
3. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Madurai, Madurai District.
4. The Post Master, Tallakulam, Head Post Office, Madurai - 625 002.
+1. CC to Mr.G.Rajaraman, Advocate SR.No.52205 +1. CC to Mr.S.Gunasekaran, Advocate SR.No.52791 +1. CC to Special Government Pleader, SR.No.52941 WP(MD) No.3701 of 2018 01.03.2018 mj MKV-PN-MM-SAR 2/27.3.2018/3P-8C