V.Kaliappan, v. The District Collector/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3027 of 2019 and W.M.P.(MD)No.2247 of 2019 V.Kaliappan ... Petitioner Vs
1. The District Collector/Nodal Officer, Cable TV, Tirunelveli District, Tirunelveli.
2.The Managing Director, Tamil Nadu Arasu Cable TV Corporation, rep., by General Manager, "Dugar Towers" 6th Floor, Old No.34, New No.123, Marshalls Road, Egmore, Chennai-600 008.
3.The Special Tahsildar/Manager, Arasu Cable TV Corporation, Tirunelveli, Tirunelveli District.
4.Ganesh Dhamodharan, Tamil Nadu Arasu Cable TV Digital Distributors, Thenkasi, PNK Complex, Opposite BSNL Office, Thenkasi, Tirunelveli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 2 and 3 to take action against the fourth respondent for forcing the petitioner to take private signal and cancel his Digital Distributors with Tamil Nadu Arasu Cable TV Corporation for acting against the interest of the Tamil Nadu Arasu Cable TV Corporation based on the representation of the petitioner dated 28.09.2018. For Petitioner : Mr.B.Prasannavinoth For R-1 : Mr.K.Mu.Muthu Additional Government Pleader For R2 and R-3 : Mr.S.Gunasekaran For R4 : Dispensed with
ORDER
Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the first respondent and learned counsel appearing for the respondents 2 and 3.
2. Considering the nature of relief to be granted in this writ petition notice to the fourth respondent is dispensed with. Mr.K.Mu.Muthu, learned Additional Government Pleader takes notice on behalf of the first respondent.
3. The petitioner is a Local Cable TV Operator. Tamil Nadu Arasu Cable TV Corporation is a MSO. The Corporation appointed the fourth respondent as its Digital Distributor for Tenkasi. It is alleged by the writ petitioner that the fourth respondent is also an independent MSO on his own. He is therefore compelling the petitioner to take signals from his private MSO.
4. The petitioner has therefore given a complaint on 28.09.2018 to the second respondent. The petitioner's grievance appears to be genuine and reasonable. All that he wants is that he should be provided signals by Arasu Cable TV Corporation. Therefore, the second respondent is directed to hold an enquiry into the matter and ensure that the petitioner receives signals only from Arasu Cable TV Corporation. Such an arrangement shall be made by the second respondent within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS-I) / True Copy / Sub Assistant Registrar(CS-II) To
1. The District Collector/Nodal Officer, Cable TV, Tirunelveli District, Tirunelveli.
2.The Managing Director, Tamil Nadu Arasu Cable TV Corporation, rep., by General Manager, "Dugar Towers" 6th Floor, Old No.34, New No.123, Marshalls Road, Egmore, Chennai-600 008.
3.The Special Tahsildar/Manager, Arasu Cable TV Corporation, Tirunelveli, Tirunelveli District.
+1 CC to M/s.S.GUNASEKARAN, Advocate ( SR-52731[F] dated 08/03/2019 ) +1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-52819[F] dated 11/03/2019 ) +1 CC to M/s.SPL GP ( SR-53097[F] dated 11/03/2019 ) W.P.(MD)No.3027 of 2019 and W.M.P.(MD)No.2247 of 2019 08.03.2019 RMK ES/12.03.2019/3P/7C