R. Ramakrishnan 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.3763 of 2015 and MP(MD)No.1 of 2015 R. Ramakrishnan ... Petitioner Vs.
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation ltd., Marshal Road, Egmore, Chennai.
2. The Special Tahsildar TamilNadu Arasu Cable TV Corporation Ltd., District Collectorate, Thoothukudi District.
3. The Manager, 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 Mandamus forbearing the respondents from effecting disconnection of the signal service supplied from 3rd respondent MSO to the petitioner's signal service supplied from 3rd respondent MSO to the petitioner's cable TV having LCO Number 11817 at Tiruchendur, Thoothukudi District without making adjustment of the excess amount of Rs.49,200/- paid by the petitioner to the 1st respondent in my account having LCO number 11817 at Tiruchendur, Thoothukudi District before getting signal service from 3rd respondent MSO with the alleged monthly subscription arrears amount of Rs.50,534/- for the month of January, April, July and October 2014 based upon the petitioner's representation dated 24.11.2014, followed by another representation dated 17.02.2015. For Petitioner : Mr. S.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 respondents from effecting disconnection
of the signal service supplied from 3rd respondent MSO to the petitioner's cable TV having LCO Number 11817 at Tiruchendur, Thoothukudi District without making adjustment of the excess amount of Rs.49,200/- paid by the petitioner to the 1st respondent, based upon the petitioner's representation dated 24.11.2014, followed by another representation dated 17.02.2015. 2.The grievance of the petitioner is that even though he has given a representation to the 1st respondent for adjusting the excess amount paid by him, the first respondent, directed the second respondent to disconnect his Cable TV service. According to him, in a similar matter in respect of one A.Duraisingh, the very same first respondent has issued a direction to the second respondent to enquire the matter and submit a report within 7 days. In these circumstances, the petitioner has filed this writ petition, directing the respondents from effecting disconnection of the Cable TV signal service.
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 (Crl.side) /True Copy/ Sub Assistant Registrar
To
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation ltd., Marshal Road, Egmore,Chennai.
2. The Special Tahsildar TamilNadu Arasu Cable TV Corporation Ltd., District Collectorate, Thoothukudi District.
3. The Manager, Arasu Cable TV Corporation Ltd., Tiruchendur, Thoothukudi District.
W.P(MD)No.3763 of 2015 07.11.2016 vs rum/19.12.2016/3p/4c