D.Palanichamy v. The Managing Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8816 of 2018 D.Palanichamy ... Petitioner vs.

1. The Managing Director, Tamil Nadu State Government Cable TV Corporation, Thugar Towers, 6th floor, No.34(123) Marshals Salai, Chennai- 600 008.

2. The District Collector Sivagangai District, Sivagangai.

3. The Special Tahsildhar, Tamil Nadu Government Cable TV Corporation, Sivagangai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 16.04.2018.

For Petitioner : Mr.D.Ramesh Kumar For Respondents No. 1 and 3 : Mr.P.Gunasekaran No.2 : Mr.V.Anand Government Advocate

O R D E R

Mr.P.Gunasekaran, learned counsel takes notice for respondents 1 and 3. Mr. V.Anand, learned Government Advocate, takes notice for the second respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner is that he was permitted to operate the cable network in the area allotted to him. Subsequently he came to know that new cable operator is going to be appointed by the third respondent. Therefore he has https://hcservices.ecourts.gov.in/hcservices/

sent a representation dated 16.04.2018 to the third respondent to grant license for operating cable network in his area but his representation has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 16.04.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To:

1. The Managing Director, Tamil Nadu State Government Cable TV Corporation, Thugar Towers, 6th floor, No.34(123) Marshals Salai, Chennai- 600 008.

2. The District Collector Sivagangai District, Sivagangai.

3. The Special Tahsildhar, Tamil Nadu Government Cable TV Corporation, Sivagangai.

+ 1 CC TO Mr.S.GUNASEKARAN, ADVOCATE IN SR No. 62545 AAV TE/JC/SAR-2 : 10/05/2018 : P/C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.8816 of 2018 20.04.2018