Madras High CourtWP(MD)/14851/2017disposed of

Dindigul Digital Cable System, v. The Secretary

2017-08-18Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD).No.14851 of 2017 and WMP(MD).11700 of 2017 Dindigul Digital Cable System Represented by itsAuthorised Signatory, Ramamoorthy, S/o.R.Subbian, Having Office at 2/2, LIC Colony, 80 Feet Road, Nehuriji Nagar, Dindigul, Tamil Nadu - 624 001.

: Petitioner Vs.

1. The Secretary, The Hon'ble Minister for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.

2. The District Collector /Nodal Officer, Cable TV Dindigul District, Dindigul.

3. The Managing Director, Arasu Cable TV Corporation Ltd, 34/123, 6th Floor, Durga Towers, Marsal Salai, Chennai - 600 008.

4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd, Dindigul, Dindigul District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the third and fourth respondents from interfering in day today activities of petitioner's partnership firm namely Dindigul Digital Cable System having office at 2/2, LIC Colony, 80 feet road Nehuriji Nagar, Dindigul, Tamil Nadu - 624 001 and its control room at 54, D.M.C Colony, Nehruji Nagar, Dindigul from implementing Digital Addressable System to their local cable TV

operators as per the Franchisee agreement dated 21.03.2017 based on the petitioner's representation dated 03.08.2017. For Petitioner : Mr.B.Prasanna Vinoth For Respondent -1 : Mr.G.Rajaraman Central Govt. Standing Counsel For Respondent -2 : Mr.C.Selvaraj, Special Government Pleader For Respondents - 3 and 4 : Mr.S.Gunasekaran

O R D E R

************ This writ petition is filed for issuance of a Writ of Mandamus forbearing the third and fourth respondents from interfering in day today activities of petitioner's partnership firm namely Dindigul Digital Cable System having office at 2/2, LIC Colony, 80 feet road Nehuriji Nagar, Dindigul, Tamil Nadu - 624 001 and its control room at 54, D.M.C Colony, Nehruji Nagar, Dindigul from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement dated 21.03.2017 based on the petitioner's representation dated 03.08.2017. 2.Heard Mr.B.Prasanna Vinoth, learned counsel for the petitioner, Mr.G.Rajaraman, learned Government Standing Counsel appearing for respondent No.1, Mr.C.Selvaraj, learned Special Government Pleader appearing for respondent No.2 and Mr.S.

Gunasekaran, learned counsel for the respondent Nos. 3 and 4 and perused the materials placed before this Court. 3.The learned counsel for the respondents 3 and 4 would submit that the deponent namely, Mr.Ramamoorthy, is a Local Cable TV Operator under the third respondent. Due to non payment of arrears towords subscription, the respondents 3 and 4 took steps to recover the arrear amount.

4. It is further submitted that the respondents 3 and 4 would not interfere with in the business run by the petitioner's partnership firm in the place where he is running the business i.e at 2/2, LIC Colony, 80 feet road Nehuriji Nagar, Dindigul, Tamil Nadu - 624 001 and its control room at 54, D.M.C Colony, Nehruji Nagar, Dindigul.

5.The learned counsel for the petitioner would submit that the respondents 3 and 4 could be permitted to initiate proceedings to recover the amount in the manner known to law.

6.In the light of the above submission, no further adjudication is necessary in this writ petition. Hence, this writ petition is disposed of with liberty to recover the arrears in accordance with law.

No costs. Consequently, Connected Miscellaneous Peittion is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Secretary, The Hon'ble Minister for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.

2. The District Collector /Nodal Officer, Cable TV Dindigul District, Dindigul.

3. The Managing Director, Arasu Cable TV Corporation Ltd, 34/123, 6th Floor, Durga Towers, Marsal Salai, Chennai - 600 008.

4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd, Dindigul, Dindigul District.

+1cc to Mr.B.Prasanna Vinoth, Advocate Sr.No.73218 +1cc to Mr.G.Rajaraman, Advocate Sr.No.73714 RM/VSN VB/KP/SAR4/01.09.2017/3P/7C W.P.[MD].No. 14851 of 2017 18.08.2017