Multicity Digital Consortium v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.20562 of 2017 and W.M.P.(MD)No.16856 of 2017 Multicity Digital Consortium Private Limited Rep. by its Managing Director K.Raja, No.45, 2nd Floor, Jeyam Towers, No.1B, North Prathakshanam Road, Karur - 639 001
...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, Karur District, Karur.
3. The Managing Director, Arasu Cable TV Corporation Ltd, 34/123, 6th Floor, Dukar Tower, Marsal Salai, Chennai - 600 008.
4. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd, Karur, Karur District.
...Respondents
PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the 3rd and 4th respondents from interfering in day today activities of petitioner company namely Multicity Digital Consortium Private Limited Control room at No.45, 2nd floor, Jeyam Towers, No.1B, North Prathakshanam Road, Karur-639 001 from implementing Digital Addressable System to their local cable TV operators as per the MSO license dated 31.12.2015 and representation dated 03.11.2017.
For Petitioner :Mr.B.Prasanna Vinoth For Respondents : Mr.S.Jeyasingh for R.1 Mr.J.Gunaseelan Muthiah, Government Advocate for R.2 Mr.S.Gunasekaran for R.3 & R.4
O R D E R
This petition is filed, seeking a writ of mandamus, forbearing the 3rd and 4th respondents from interfering in the day today activities of petitioner company, namely, Multicity Digital Consortium Private Limited, by considering their representation dated 03.11.2017.
2. Heard the learned Counsel on either side.
3. The petitioner company, being a Multi System Operator (MSO) is before this Court and according to them, they applied for DAS permit before the first respondent on 11.10.2015, which was subsequently granted to them on 31.12.2015. While so, the third respondent corporation, which was introduced in the year 2011, forced all the LCOs and MSOs to register with them and also threatened them by sealing the premises. Aggrieved thereby, the petitioner has submitted a representation dated 03.11.2017, before the second respondent and as the same is kept pending, without any action, the present petition came to be filed.
4. When the matter is taken up for hearing today, it is represented by the learned Counsel for the petitioner that DAS licence was granted to them by the Government, only after following due process of law and narrating all the facts, they had submitted a detailed representation / complaint, before the second respondent and they will be satisfied, if the same is disposed of by the second respondent, in the manner known to law, for which, there would not be any serious objection on the other side.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for, this Court, without going into the merits of the case, directs the second respondent / District Collector to consider the representation of the petitioner dated 03.11.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.
6. This Writ Petition is disposed of, as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To
1. The Managing Director, Arasu Cable TV Corporation Ltd, 34/123, 6th Floor, Dukar Tower, Marsal Salai, Chennai - 600 008.
2. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd, Karur, Karur District.
+1cc to Mr.B.Prasanna Vinoth, Advocate Sr.No.86063 +1cc to Mr.S.Jeyasingh, Advocate Sr.No.86722 GK VB/JC/SAR4/20/12/2017/3P/5C W.P.(MD).No.20562 of 2017 09.11.2017