S.P.Selvaraj v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.11864 of 2017 and W.M.P.(MD) No.9130 of 2017 S.P.Selvaraj ... Petitioner -vs1.The Managing Director, Tamilnadu Arasu Cable TV Corporation Ltd., 11/12, Mangadusamy Salai, Nungampakkam, Chennai - 34.

2.The Special Tahsildar, Tamilnadu Arasu Cable TV Corporation Ltd., District Collectorate, Thoothukudi, Thoothukudi District.

3.M/s.V.R.Cable Network, Arasu (MSO), Approved by Tamil Nadu Arasu Cable TV Network, 116-B, Mannar Raja Kovil Street, Tisayalvalai, Tirunelveli District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 2nd respondent 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 stipulated time in the light of final order passed by this Hon'ble court in the connected writ petitions viz., W.P.(MD) No.13622 of 2014, W.P.(MD) No.15573 of 2015, W.P. (MD) No.17997 of 2015 dated 07.11.2016 by considering the petitioner's representation dated 07.06.2017. For Petitioner :

Mr.S.R.Anbarasu For Respondents 1 & 2 :

Mr.S.Gunasekaran *****

O R D E R

This writ petition has been filed, for issuance of a writ of Mandamus, directing the 2nd respondent 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 stipulated time in the light of final order passed by this Court in the connected writ petitions viz., W.P.(MD) No.13622 of 2014, W.P.(MD) No.15573 of 2015, W.P.(MD) No.17997 of 2015 dated 07.11.2016, by considering the petitioner's representation dated 07.06.2017.

2.Mr.S.R.Anbarasu, learned counsel appearing for the petitioner would submit that the petitioner got signal service from the 3rd respondent only from the month of January, 2015, but the 1st respondent issued the bill through online claiming subscription fee from the month of February, 2013 to December, 2013 and January, 2014 to June, 2015. Inspite of the representation dated 09.06.2017, to the respondents, they are threatening to disconnect the signal service connection got from the 3rd respondent.

3.Mr.S.Gunasekaran, learned Standing Counsel appearing for the respondents 1 and 2 would strongly oppose the prayer sought for in the writ petition, contending that the petitioner has not paid rent regularly and still the petitioner has to pay subscription for 33 months amounting to Rs.2,19,271/-.

4.In similar writ petitions in W.P.(MD) Nos.15573 and 17997 of 2015 dated 07.11.2016, this Court has passed the following order: "4.In view of the above submission made by the learned Standing Counsel for the respondents, the petitioners are 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 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.Following the same, without going into the merits of the case, this Court directs the petitioner to approach the second respondent/ Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited and submit relevant records. On receipt of such relevant records, the second respondent/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited shall 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 respondents are directed to maintain statusquo as on date. 6.Accordingly, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(AD-II) / True Copy / Sub Assistant Registrar(C.S.)

To:

1.The Managing Director, Tamilnadu Arasu Cable TV Corporation Ltd., 11/12, Mangadusamy Salai, Nungampakkam, Chennai - 34.

2.The Special Tahsildar, Tamilnadu Arasu Cable TV Corporation Ltd., District Collectorate, Thoothukudi, Thoothukudi District.

+1cc to M/S.S.GUNASEKARAN, Advocate SR.No.62439 sj MAS/JC/SAR2:65.07.2017:3P-4C W.P.(MD) No.11864 of 2017 and W.M.P.(MD) No.9130 of 2017 28.06.2017