V.Baladevi Anandam, 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.19062 of 2015 and M.P.(MD)No.1 and 2 of 2015 V. Baladevi Anandam ... Petitioner Vs.
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., No.11/22, Mangadu Samy Salai, Nungambakkam, Chennai-34.
2. The Special Tahsildar, Tamil Nadu ARASU Cable T.V. Corporation Ltd., District Collectorate,
3. The Manager, Arasu Cable TV Corporation Ltd., Tiruchendur, ... 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. 007461/tut/2014/210 dated 06.06.2014 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.
2.The grievance of the petitioner is that the first 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, if any, 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-34.
2. The Special Tahsildar, Tamil Nadu ARASU Cable T.V. Corporation Ltd., District Collectorate,
3. The Manager, Arasu Cable TV Corporation Ltd., Tiruchendur, GJM/SS2/15.12.16-3p-4C W.P(MD)No.19062 of 2015 07.11.2016