Syed Abdu Kadhar v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2017
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.13733 of 2017 and W.M.P.(MD) Nos.10716 and 10717 of 2017 1.Syed Abdul Kadhar 2.Mohammed Meeras ... Petitioners -vs1.The Managing Director, Tamilnadu Arasu Cable TV Corporation Ltd., 11/12, Mangadusamy Salai, Nungampakkam, Chennai - 34.
2.The General Manager(Administration), Tamilnadu Arasu Cable TV Corporation Ltd., 11/12, Mangadusamy Salai, Nungampakkam, Chennai - 34.
3.The Special Tahsildar, Tamilnadu Arasu Cable TV Corporation Ltd., Ramnad District, Ramnad.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari calling for the records relating to the impugned notice No.007461/48737/2017/66, dated 21.6.2017 issued by second respondent to the Petitioners related with LCO No.48738 for Kaidey Milleth Street Area, Periyapattanam, Ramnad District and to quash the same. For Petitioner :
M/s.S.R.Anbarasu For Respondents :
Mr.S.Gunasekaran Standing Counsel.
O R D E R
This writ petition has been filed, for issuance of a writ of Certiorari calling for the records relating to the impugned notice No.007461/48737/2017/66, dated 21.6.2017 issued by second respondent to the Petitioners related with LCO No.48738 for Kaidey Milleth Street Area, Periyapattanam, Ramnad District and to quash the same. 2.Mr.S.R.Anbarasu, learned counsel appearing for the petitioners would submit that the petitioners got signal service from duly authorized MSO by the respondents for the past five months
only and liable to pay subscription fee to the respondents only from the date on which signal service is given. While-so, the second respondent had issued the impugned notice as referred to above, dated 21.6.2017 claiming subscription fee of Rs.3,63,494/- from the Petitioners towards arrears. However, the respondents are threatening the Petitioners to disconnect their connections. Hence the Petitioners have come forward with this Writ Petition for the relief stated supra.
3.Mr.S.Gunasekaran, learned Standing Counsel appearing for the respondents would strongly oppose the prayer sought for in the writ petition, contending that the petitioner have not paid rent regularly and still the Petitioners have to pay subscription amounting to Rs.3,63,494/-.
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 petitioners to approach the third respondent/ Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited and submit relevant records. On receipt of such relevant records, the third 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 status-quo as on date. 6.Accordingly, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar
To:
1.The Managing Director, Tamilnadu Arasu Cable TV Corporation Ltd., 11/12, Mangadusamy Salai, Nungampakkam, Chennai - 34.
2.The General Manager(Administration), Tamilnadu Arasu Cable TV Corporation Ltd., 11/12, Mangadusamy Salai, Nungampakkam, Chennai - 34.
3.The Special Tahsildar, Tamilnadu Arasu Cable TV Corporation Ltd., Ramnad District, Ramnad.
+ 1 CC TO Mr.S.R.ANBARASU, ADVOCATE IN SR No. 67507 + 1 CC TO Mr.S.GUNASEKARAN, ADVOCATE IN SR No. 67653 VSN TE/KP/SAR-I : 03/08/2017 : 3P/6C W.P.(MD) No.13733 of 2017 and W.M.P.(MD) Nos.10716 and 10717 of 2017 25.07.2017