Madras High CourtWP(MD)/5467/2018disposed of

Rajathambi v. The Manaing Director

2018-03-15Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5467 of 2018 and W.M.P(MD)No.5393 of 2018 Rajathambi ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, Dugar Towers, 34 (123), 6th Floor, Marshalls Road, Egmore, Chennai 600 008.

2.The District Collector, Thanjavur District, Thanjavur.

3.The Deputy Manager/Special Tahsildar, Tamil nadu Arasu Cable TV Corporation Limited, Thanjavur District.

4.The Superintendent of Police, Thanjavur District, Thanjavur.

5.C.V.Thangaian (LCO 11814) 6.A.Krishnamurthy (LCO 12208) 7.M.Manokaran (LCO-12513 and LCO 12603) 8.G.Immanuelraj (LCO 21040) 9.S.Vetriselvan (LCO 13099) 10.N.Vairamehala (LCO 15375) 11.V.Suryamurthy (LCO 27363) 12.N.Thiagu (LCO 12683) 13.A.Swamynathan (LCO 41765) 14.S.Aravindan (12400) 15.A.Bahrudeen (LCO 16507) 16.D.Selvasekaran (LCO 13978) 17.M.Muthuvel (LCO 18257) 18.C.Saravanakumar (LCO 27841) 19.Durai Perumal (LCO 12330) 20.N.Ravichandran (LCO 49392, 14176 and 14102) 21.V.Arivalagan (LCO 14213) 22.G.Prema (LCO 18378) 23.Sivanesan (LCO 16231) 24.Vinodhkumar (LCO 14042) ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus, to direct the 1st respondent to cancel

the registration of the respondents 5 to 24 as LCOs of TACTV and further directing the respondents 2 and 4 to forbear the respondents 5 to 24 from interfere with the transmission of the TACTV signals and supply of free set top boxes through the other LCOs to their customers in Pattukottai and Peravoorani Taluk in Thanjavur District by disposing my representation dt.10.02.2018. For Petitioner : Mr.R.Suriyanarayanan For Respondents 1&3 : Mr.S.Gunasekaran, For Respondents 2&4 : Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the first respondent to cancel the registration of the respondents 5 to 24 as LCOs of TACTV and further direct the respondents 2 and 4 to forbear the respondents 5 to 24 from interfering with the transmission of the TACTV signals and supply of free set top boxes through the other LCOs to their customers in Pattukottai and Peravoorani Taluk in Thanjavur District by considering the representation of the petitioner, dated 10.02.2018. 2.Heard Mr.R.Suriyanarayanan, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, learned counsel appearing for the respondents 1 and 3 and Mrs.J.Padmavathidevi, learned Special Government Pleader. Notice to the respondents 5 to 24 is dispensed with in view of the nature of the order to be passed by this Court. 3.

According to the petitioner, he was appointed as Taluk Cable Operator for Pattukottai and Peravoorani Taluk in Thanjavur District by the first respondent. Likewise, the respondents 5 to 24 were appointed as LCOs for transmitting Digital Addressable System (DAS). According to the petitioner, the petitioner is entitled to monitor all the LCOs and he is also responsible for the Government relating to payment of the subscription by the LCOs. Now, the respondents 5 to 24 who were appointed by the first respondent are receiving signal from other Multi System Operators (MSO) and they are not receiving signal through the petitioner and they are also not paying subscription properly. In the above circumstances, the petitioner submitted a representation dated 19.02.2018 to cancel the licence granted to the respondents 5 to 24.

Since no order has been passed, the present writ petition has been filed. 4.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 19.02.2018 and pass appropriate orders, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the respondents 5 to 24.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)No.5393 of 2018 is closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

+One cc to The Special Government Pleader, SR.No.55977 +One cc to Mr.S.Gunasekaran , Advocate, SR.No.56052 +One cc to M/s.R.Suriyanarayanan, Advocate, SR.No.56156 sms RL/6C/3p/CVC/SAR1/3/4/2018 Writ Petition (MD) No.5467 of 2018 and W.M.P(MD)No.5393 of 2018 15.03.2018