R.Senthil Ganesan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.2198 of 2017 and W.M.P(MD)No.1821 of 2017 R.Senthil Ganesan ... Petitioner -vs1.The Managing Director, Tamil Nadu Arasu Cable T.V., Corporation Ltd., Dugar Towers, No.34 (123) 6th Floor, Marshalls Road, Egmore, Chennai-8.

2.The Special Tahsildar-cum-Deputy Manager, Tamil Nadu Arasu Cable T.V.Corporation Ltd., Dindigul.

3.Aarlesh Sebasteen, Taluk Cable Operator, Tamil Nadu Arasu Cable TV Corporation Ltd., J.C. Complex, Kodaikanal, Dindigul District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to give Tamil Nadu Arasu Cable TV Link from the Cable Link at Pannaikadu to me to run Sri Lakshmi Cable TV, Palaniyandipuram Street, Pannaikadu, Kodaikanal Taluk, Dindigul District vide the petitioner's representations dated 15.12.2016 and 31.12.2016.

For Petitioner :

Mr.P.Banuprasath For R1 & R2 :

Mr.S.Satheesh Kumar Additional Government Pleader for Mr.Abdul Saleem Spl. Govt. Pleader for Arasu Cable T.V.,

O R D E R

It is seen that the petitioner is a Local Cable TV operator having upon issued with the license with the Post Office by the Post Master, Nilakottai Post Office under the Provisions of the Cable Television Networks (Regulation) Act, 1995. While so, the petitioner has given a representation, dated 15.12.2016 and https://hcservices.ecourts.gov.in/hcservices/

31.12.2016 to the Tamil Nadu Arasu Cable TV Corporation, seeking a cable link at Pannaikadu to run a Cable Network operation. 2.Heard Mr.P.Banuprasath, learned counsel appearing for the petitioner, Mr.S.Satheeshkumar, learned Additional Government Pleader for Mr.Abdul Saleem, learned Special Government Pleader appearing for the respondents 1 & 2 and the Tahsildar, Nilakottai. 3.The learned counsel for the petitioner submitted that a mandamus should be issued as prayed for.

4.In the considered opinion of this Court that in the absence of statutory provision, no mandamus can be issued as prayed for by the petitioner. At the outset, the petitioner has only license from the Post Office as a Local Cable TV Operator and he does not have any license or authorisation from the Tamil Nadu Arasu Cable TV Corporation for using the signals. The petitioner may renew his request, after obtaining necessary license from the Tamil Nadu Arasu Cable TV Corporation.

5.With the above observation, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.

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

1.The Managing Director, Tamil Nadu Arasu Cable T.V., Corporation Ltd., Dugar Towers, No.34 (123) 6th Floor, Marshalls Road, Egmore, Chennai-8.

2.The Special Tahsildar-cum-Deputy Manager, Tamil Nadu Arasu Cable T.V.Corporation Ltd., Dindigul.

+1cc to SPECIAL GOVDERNMENT PLEADER in SR. No.53143 AM JS/SV.MMS/9.05.2017/2P-4C W.P.(MD) No.2198 of 2017 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/