Palani Digital Network v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.20276 of 2017 and W.M.P(MD).No.16521 of 2017 Palani Digital Network Rep. by its Managing Partner N.Alagesan, S/o.Narayanan, Having Office at LM Complex, R.F.Road, Palani - 624 601, Dindigul District.
... 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 filed under Article 226 of the Constitution of India 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, Palani Digital Network, having control room at LM Complex, R.F.Road, Palani - 624 601,
Dindigul District, from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement dated 30.06.2017, based on the petitioner's representation dated 24.10.2017.
For Petitioner : Mr.B.Prasanna Vinoth For R1 : Mr.S.Jeyasingh For R2 : Mr.J.Gunaseelan Muthiah, Government Advocate For R3 & R4 : 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, Palani Digital Network, having control room at LM Complex, R.F.Road, Palani - 624 601, Dindigul District, from implementing Digital Addressable System to their local cable TV operators as per the Franchisee agreement dated 30.06.2017, based on the petitioner's representation dated 24.10.2017.
2. Mr.Jeyasingh, learned Standing Counsel takes notice for the first respondent, Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the second respondent and Mr.S.Gunasekaran, learned counsel takes notice for the respondent Nos.3 and 4. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The learned counsel for the third respondent 3 and 4 would submit that the deponent namely, N.Alagesan, is a Local Cable TV Operator under the third respondent. Due to non payment of arrears towards 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 within the business run by the petitioner's partnership firm in the place where he is running the business i.e at LM Complex, R.F.Road, Palani - 624 601, Dindigul District, 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 Petition is closed.
Sd/- Assistant Registrar(CS-I) /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.
+ 1 cc TO Mr.S.Jeyasingh , Advocate in SR No. 85445 + 1 cc TO Mr.S.Gunasekaran , Advocate in SR No. 85211 + 1 cc TO Mr.B.Prasanna Vinoth , Advocate in SR No. 85158 rm AE/MR KKR/SAR2/16.11.2017/3P/8C W.P.(MD) No.20276 of 2017 03.11.2017