Paramasivan, 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.19022 of 2014 and M.P.(MD).No.1 of 2014 Paramasivam ... Petitioner Vs.
1.The Managing Director Tamil Nadu Arasu Cable TV Corporation LImited, Marshal Road, Egmore, Chennai.
2.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, Poombukar Building, S.N .High Road, Tirunelveli Junction, Tirunelveli District.
3.The Special Tahsildar, Tamil Nadu Arasu Cable TV Direct Control Room (Multi System Operator) Poombukar Building, S.N .High Road, Tirunelveli Junction, Tirunelveli District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd Respondent not to interfere with the right of the Petitioner to get signal service from any MSO of the petitioner's choice and consequentially directing the 2nd respondent not to compel the petitioner to get signal service from any other private MSO by giving up the existing signal service connection from 3rd respondent Government MSO at Tirunelveli in doing his Cable TV Business at Alwarkurichi, Ambasamudram Taluk, Tirunelveli District.
For Petitioner : Mr.R.Anbarasu 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 not to interfere with the right of the Petitioner to get signal service from any Multi System Operator (MSO) of the petitioner's choice and consequentially directing the 2nd respondent not to compel the petitioner to get signal service from any other private MSO by giving up the existing signal service connection from 3rd respondent Government MSO at Tirunelveli in doing his Cable TV Business at Alwarkurichi, Ambasamudram Taluk, Tirunelveli District.
2.According to the petitioner, he is doing Cable TV business in Alwarkurichi area, Ambasamudram Taluk, Tirunelveli District for the past 10 years. He is getting signals from the Multi System Operator, Tirunelveli. Now, the second respondent is insisting the petitioner to get signals from the Multi System Operator, Sathankulam. Hence, the petitioner has filed the present writ petition for issuing a direction to the second respondent not to compel him to get signals from any other private MSO.
3.The learned counsel for the petitioner submitted that in similar circumstances, this court has allowed the similar prayer and he produced a copy of the order passed in W.P.(MD). Nos.18114...etc 2014 & batch and prayed that similar order may be passed. The relevant portion of the order reads as follows: "When the matter is taken up for hearing, the learned Standing Counsel appearing for Tamil Nadu Arasu Cable TV Corporation Limited submitted that the respondents have no objection for the prayer sought in all these writ petitions provided that they get signals from the recognised/authorised District Local Cable Operator/Taluk Operator. Further, they should not be in arrears insofar as Tamil Nadu Arasu Cable TV Corporation Limited is concerned."
4.Mr.Abdul Saleem, learned Standing counsel appearing for the respondents/Arasu Cable TV Corporation submitted that similar orders may be passed in this writ petition.
5.In view of the above submission made by the learned Standing Counsel appearing for the respondents, the petitioner is permitted to get signals from any of the recognised or authorised District Cable Operator/Taluk Operator. Accordingly, this writ
petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Managing Director Tamil Nadu Arasu Cable TV Corporation LImited, Marshal Road, Egmore, Chennai.
2.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, Poombukar Building, S.N .High Road, Tirunelveli Junction, Tirunelveli District.
3.The Special Tahsildar, Tamil Nadu Arasu Cable TV Direct Control Room (Multi System Operator) Poombukar Building, S.N .High Road, Tirunelveli Junction, Tirunelveli District.
W.P(MD)No.19022 of 2014 07.11.2016 CSL/CK/23.11.2016:3P/4C