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Madras High CourtWP(MD)/2447/2014disposed of

Tiruppuvanam Union Cable Tv v. The Head Post Master,

2016-11-07Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.2447 of 2014 and MP (MD) No.1 of 2014 Tiruppuvanam Unior Cable TV Operator Nalasangam, rep. By the President, R.Muthuraja.

... Petitioner Vs.

1. The Head Post Master, Head Post Office, Manamadurai, Sivagangai District.

2. The Special Tahsildar, Manamadurai Taluk, Sivagangai District.

3. The Managing Director, Arasu Cable TV Corporation Ltd. (ACTCL) No.11/22, Mangadusamy Kovil street, Nungambakkam, Chennai - 600 034.

4. The District Collector, Sivagangai District, Collectorate, Sivagangai - 625 020.

5. The Superintendent of Police, Sivagangai District, Sivagangai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other order's or direction in the nature of writ, directing the respondents 1 and 2 to consider the Petitioner's representation dated 04.02.2014 and should not provide registration certificate to the New applicants as Cable TV Operators in Tiruppuvanam without following the Cable Television Networks (Regulation) Act, 1995 R/w Rule 4 and 5 of the Cable Television Networks Rule, 1994.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar MVS.P.Thenmozhi CGSC R1 N.S.Karthikeyan AGP 1, 4 & 5.

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents 1 and 2 to consider the Petitioner's representation dated 04.02.2014 not to provide registration certificate to the New applicants as Cable TV Operators in Tiruppuvanam without following the Cable Television Networks (Regulation) Act, 1995 R/w Rule 4 and 5 of the Cable Television Networks Rule, 1994 within the time frame fixed by this court.

2.According to the petitioner, he is a LCO (Local Cable TV Operator) in Thiruppuvanam, Sivagangai District, under the Arasu Cable TV Corporation. The grievance of the petitioner is that he has given a representation to the respondent on 04.02.2014, with regard to providing registration certificate to the New applicants as Cable TV Operators in Tiruppuvanam. Sofar, the said representation has not been considered by the respondents. Hence, he has filed the present writ petition.

3.Mr.Abdul Saleem, learned counsel appearing for the 3rd respondent/Arasu Cable TV Corporation submitted that they are ready and willing to consider the petitioner's representation within a time limit prescribed by this Court. 4.In view of the above submission made by the learned counsel appearing for the respondents, the respondents are directed to consider the petitioner's representation dated 04.02.2014, after giving opportunity to the petitioner as well as any rival claimant, if any, and pass 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.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar vs

To

1. The Head Post Master, Head Post Office, Manamadurai, Sivagangai District.

2. The Special Tahsildar, Manamadurai Taluk, Sivagangai District.

3. The District Collector, Sivagangai District, Collectorate, Sivagangai - 625 020.

4. The Superintendent of Police, Sivagangai District, Sivagangai.

JAM/14.12.16/PV/3p-5c W.P(MD)No.2447 of 2014 07.11.2016