Madras High CourtWP(MD)/6397/2014disposed of

Tiruppuvanam Union Cable Tv v. The Managing Director

2015-11-03Honourable Mr Justice K. Ravichandrabaabu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2015

CORAM:

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.6397 of 2014 Tiruppuvanam Union Cable TV Operator Nalasangam rep.by the President R.Muthuraja Rasuthevar .. Petitioner Vs.

1.The Managing Director, Arasu Cable TV Corporation Ltd., (ACTL) No.11/22, Mangadusamy Kovil Street, Nungambakkam, Chennai.

2.The Chairman, Arasu Cable TV Corporation Ltd., (ACTL) No.11/22, Mangadusamy Kovil Street, Nungambakkam, Chennai.

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

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

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

6.The Inspector of Police, Tiruppuvanam Police Station, Sivagangai District.

7.The Post Master, Head post office, Manamadurai Sivagangai District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying issue a writ of Mandamus directing the respondents 1 and 2 not to provide LCO Number to New Applicants in Tiruppuvanam without following the Cable Television Networks (Regulation) Act, 1995 and pass such further other orders.

For Petitioner :

Mr.R.Venkatesan For RR - 1 to 6 :

Mr.S.Sadeesh Kumar,AGP For R - 7 :

Mr.J.Jeyakumaran,CGSC

O R D E R

This writ petition is filed seeking for a mandamus to direct the respondents 1 and 2 not to provide Local Cable TV Operator Number to new applicants in Tiruppuvanam without following the Cable Television Networks (Regulation) Act, 1995. 2.The grievance of the petitioner is that the respondents 1 and 2 were attempting to provide Local Cable TV Operator Number without following the procedures contemplated under relevant law. 3.Needless to say that the authorities while exercising power in providing such connections, have to necessarily follow the procedure contemplated under the relevant law, in this case, the Cable Television Networks (Regulation) Act, 1995. In fact, it is not necessary that such direction has to be issued by this Court as it is the bounden duty of the authorities to follow the same even otherwise.

4.Accordingly, this writ petition is disposed of with a direction to the respondents 1 and 2 to consider the applications seeking for issuance of Local Cable TV Operator Number only in accordance with the procedure contemplated under relevant law, namely the Cable Television Networks (Regulation) Act, 1995. No costs. Connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CSII) /True Copy/ Sub Assistant Registrar.

To 1.The Managing Director, Arasu Cable TV Corporation Ltd., (ACTL) No.11/22, Mangadusamy Kovil Street, Nungambakkam, Chennai.