Sangilimuthu, v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.[MD].No.15036 of 2017 and WMP(MD).11874 of 2017 Sangilimuthu : Petitioner Vs.
1. The General Manager, Tamil Nadu Arasu Cable TV Corporation, Tugar Towers,No.34 (123), 6th floor, Marshells Road, Egmore, Chennai - 600 008.
2. The Deputy Manager/ Special Thasildar, Tamil Nadu Aarasu Cable TV Corporation, Karur, Karur District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari calling for the records pertaining to the impugned demand notice in B11/23758/2013 dated 09.06.2017 passed by the 1st respondent and quash the same.
For Petitioner : Ms.Porkodi Karnan For Respondents : Mr.S.Gunasekaran
O R D E R
*********** This writ petition is filed for issuance of a writ of Certiorari calling for the records pertaining to the impugned demand notice in B11/23758/2013 dated 09.06.2017 passed by the 1st respondent and quash the same.
2.Heard learned counsel for the petitioner and learned counsel for the respondents.
3.The petitioner would claim that the petitioner is a Local Cable TV operator. The petitioner, originially while registering with the respondents, had registered showing 400 customer points. Subsequently, it was reduced to 300 customer points. 4.The petitioner would further claim that the second
respondent is not providing signals properly and also without conducting any survey, passed the impugned order in violation of TRAI regulations.
5.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 has not paid rent regularly and still the petitioner has to pay subscription amount of Rs.2,11,190/-.
6.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."
7.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 and submit relevant records. On receipt of such relevant records, the second respondent/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation 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 eight weeks from the date of receipt of a copy of this order. Till then, the respondents are directed to maintain statusquo as on date. 8.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar
To
1. The General Manager, Tamil Nadu Arasu Cable TV Corporation Tugar Towers,No.34 (123), 6th floor, Marshells Road, Egmore, Chennai - 600 008.
2. The Deputy Manager/ Special Thasildar, Tamil Nadu Aarasu Cable TV Corporation, Karur, Karur District.
+1cc to Mr.S.Gunasekaran, Advocate in SR.No.71950 +1cc to Ms.Porkodi Karnan, Advocate in SR.No.71929 dsk AE/KK/SAR3/31.08.2017/3P/5C W.P.[MD].No. 15036 of 2017 10.08.2017