C. Mathimukilishwarya, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.14120 of 2014 and M.P.(MD).No.1 of 2014 C.Mathimukilishwarya ... Petitioner Vs.
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Dugar Towers, No.34 (123) 6th Floor, Marshalls Road, Egmore, Chennai - 600 008
2. The Special Tahsildar/District Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Karur Sengunthupuram, Karur District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a a Writ of Mandamus directing the 2nd respondent to issue permit order to the local MSO Kulithalai Arasu Cable TV Corporation for permitting the petitioner to transmit her Private local channel "Tamil Television Network" as per the provisional Allotment order dated 30.07.2014 in L.No.
11749/DM3 (2) / 2014/TACTV/EO1/LOCALCHANNEL/4/2014 passed by the 1st respondent. For Petitioner : Mr. B.Prasanna Vinoth For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar
ORDER
The petitioner has filed this Writ Petition seeking a direction, directing the 2nd respondent to issue permit order to the local MSO Kulithalai Arasu Cable TV Corporation for permitting the petitioner to transmit her Private local channel "Tamil Television Network" as per the provisional Allotment
order dated 30.07.2014 in L.No.11749/DM3 (2) / 2014/ TACTV/ EO1/ LOCALCHANNEL/4/ 2014 passed by the 1st respondent. 2.According to the petitioner, she wanted to start a private local channel and the respondent granted permission for a period of one year and during the above period, the Local MSO prevented her from telecasting. Now, the grievance of the petitioner is that she was not permitted by the respondent to telecast in the particular channel as preferred by her. Hence, he has filed the present writ petition.
3. Mr.Abdul Saleem, learned Standing counsel appearing for the respondents/Arasu Cable TV Corporation submitted that there is no specific condition mentioned in the order granting permission that the petitioner will be provided with a particular channel for telecast. Hence, the petitioner cannot make any claim that she should be permitted to telecast a particular channel. Apart from that the period for which permission was granted is already over and now the respondents are taking steps to call a fresh tender for the ensuing year, the petitioner is always at liberty to participate in the tender.
4.In the above circumstances, since the tender period is already over, the prayer sought for in this writ petition cannot be granted at this stage. With regard to the grievance of the petitioner that she was prevented by the local MSO from telecasting, her grievance cannot be redressed in the writ petition and it is open to her to initiate appropriate proceedings before the competent forum to redress her grievance.
5.Accordingly, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar vs To
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Dugar Towers, No.634 (123) 6th Floor, Marshalls Road, Egmore,Chennai - 600 008
2. The Special Tahsildar/District Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Karur,Sengunthupuram, Karur District.
+1CC to Mr.B.Prasanna Vinoth, Advocate Sr.No.66910 Gjm/SKS/RR/7.12.16-3p-4C Writ Petition (MD) No.14120 of 2014 07.11.2016