Madras High CourtWP(MD)/17998/2015disposed of

P.Sankara Narayanan 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.17998 of 2015 and M.P.(MD)No.1 and 2 of 2015 P. Sankara Narayanan ... Petitioner Vs.

1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., No.11/22, Mangadu Samy Salai, Nungambakkam, Chennai.

2. The Special Tahsildar, Tamil Nadu ARASU Cable T.V. Corporation Ltd., District Collectorate, Thoothukudi District.

3. The Manager, (Multiple System Operator) Arasu Cable TV Corporation Ltd., 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 calling for the records relating to the impugned Notice No. TNACT.450/2015 dated 14.09.2015 issued by 2nd respondent and quash the same.

For Petitioner : Mr. S.R. Anbarasu For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar for R-5

ORDER

Challenging the show cause notice issued by the second 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 show-cause 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 (AE) /True Copy/ Sub Assistant Registrar vs To

1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., No.11/22, Mangadu Samy Salai, Nungambakkam,Chennai.

2. The Special Tahsildar, Tamil Nadu ARASU Cable T.V. Corporation Ltd., District Collectorate,Thoothukudi District.

3. The Manager, (MSO) Arasu Cable TV Corporation Ltd., Tiruchendur,Thoothukudi District.

GJM/SKS/RR/7.12.16-2p-4C W.P(MD)No.17998 of 2015 07.11.2016 https://hcservices.ecourts.gov.in/hcservices/