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Madras High CourtWP(MD)/13622/2014disposed of

K.Kannan v. The Managing Director,

2016-11-07Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.13622 of 2014 and M.P.(MD).Nos.2 and 3 of 2014 Kannan ... Petitioner Vs.

1. The Managing Director Tamil Nadu Arasu Cable TV Corporation Limited, 11/12, Mangadusamy Salai, Numgambakkam, Chennai-34.

2. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, District Collectorate, Thoothukudi, Thoothukudi District.

3. The Manager, Arasu Cable TV Corporation Limited, Direct Control Room (Multi System Operator) Tiruchendur, Thoothukudi District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the impugned notice No.21754/TUT/2013/394 dated 16.10.2013 issued by the 1st Respondent and quash the same.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar

ORDER

Challenging the show cause notice issued by the first respondent/Tamil Nadu Arasu Cable TV Corporation Limited, for collecting the arrears of subscription amounts, the present writ petition has been filed.

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2.The grievance of the petitioner is that the second respondent, without considering the actual date of giving signals to Local Cable TV Operators (LCOs), mechanically issued the showcause notice.

3. Mr.Abdul Saleem, learned Standing counsel appearing for the respondents/Arasu Cable TV Corporation fairly submitted that the petitioner can approach the second respondent/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited and produce the relevant records to establish the correct date of receipt of signals from the respondent and also submit all other relevant records before the respondent, enabling the 2nd respondent to consider the objections of the petitioner. 4.In view of the above submission made by the learned Standing Counsel for the respondent, the petitioner is directed to approach the second respondent/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited and submit relevant records, along with his objection.

On receipt of such objections and relevant records, the second respondent/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited is directed to conduct an enquiry and consider all the materials filed by the petitioner and pass suitable 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. Till then, the interim order already granted is extended. 5.Accordingly, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/ Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To

1. The Managing Director Tamil Nadu Arasu Cable TV Corporation Limited, 11/12, Mangadusamy Salai, Numgambakkam, Chennai-34.

2. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, District Collectorate, Thoothukudi, Thoothukudi District.

3. The Manager, Arasu Cable TV Corporation Limited, Direct Control Room (Multi System Operator) Tiruchendur, Thoothukudi District.

W.P(MD)No.13622 of 2014 vs 07.11.2016 msm/mpa/24.11.16/p2/4c https://hcservices.ecourts.gov.in/hcservices/