Jothi Pass, 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.729 and 776 of 2015 and M.P.(MD)No.1 and 2 of 2015 in W.P.(MD)No.729 of 2015 and M.P. 1 of 2015 in W.P.(MD)No.776 of 2015 W.P.(MD)No.729 of 2015 Jothi Pass, ... Petitioner Vs.
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd.,
2. The General Manager, Marshalls Road, Egmore,
3. The Chairman,
4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd, Poombugar Buildings, Thirunelveli - 627 001.
5. T. Pandiyan, ... 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 notice sent by the 2nd respondent vide No. 007461/tnv/2014/773 dated 06.06.2014 quash the same.
W.P.(MD)No.776 of 2015 M. Paramasivam ... Petitioner Vs.
1.The General Manager, TamilNadu Arasu Cable TV Corporation Ltd., 34(123) 6th Floor, Egmore, Chennai- 600008.
2. The Managing Director TamilNadu Arasu Cable TV corporation Dugar Towers 34(123) 6th Floor, Egmore.
3. The Special Tahsildhar, TamilNadu Arasu Cable TV corporation, Collectorate, Komarapallam, Thoothukudi.
... 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/2014/22 dated 06.06.2014 sent by the first respondent, and quash the same.
in both petitions For Petitioner : Ms.A. Hafiza For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar for R-1 to 4 Mr. R. Anand for R5 COMMON ORDER Challenging the show cause notice issued by the first respondent and second respondents respectively/Tamil Nadu Arasu Cable TV Corporation Limited, dated 06.06.2014, for collecting the arrears of subscription amounts, these writ petitions have been filed.
2.The grievance of the petitioners is that the first and second respondents, 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 petitioners can approach the 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 respondents and also submit all other relevant records before the respondents, enabling him to consider the objections of the petitioners.
4.In view of the above submission made by the learned Standing Counsel for the respondents, the petitioners are directed to approach the concerned Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited and submit relevant records, along with their objections. On receipt of such objections and relevant records, the Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited is directed to conduct an enquiry and consider all the materials filed by the petitioners 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, these writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To
1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd.,
2. The General Manager, Marshalls Road, Egmore,
3. The Chairman,
4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd, Poombugar Buildings, Thirunelveli - 627 001.
5. The Special Tahsildhar, TamilNadu Arasu Cable TV corporation, Collectorate, Komarapallam, Thoothukudi.
vs sm:sks-rr:7.12.2016:4P/6C Writ Petition (MD) Nos.729 and 776 of 2015 07.11.2016