S.Madasamy v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.22517 of 2017 S.Madasamy ... Petitioner -vs1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, No.11/22, Mangadusamy Street, Nungambakkam, Chennai-600 034.

2. The District Collector, Office of Collectorate, Thoothukudi.

3. The Special Tahsildhar (Cable TV), District Collector Office, Thoothukudi.

4. Tamilselvan ... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the 3rd respondent to issue licence of Cable TV Operator in the name of "Muthamizhil Cable Operator" to the petitioner for running a Cable Television Network at Kovilpatti Ward 1 & 2 in the city/town Kovilpatti by considering petitioner's applications dated 05.04.2017 and 13.07.2017 within a time frame fixed by this Court.

For Petitioner : Mr.J.Senthil Kumaraiah For R1 and R3 : Mr.S.Gunasekaran For R2 : Mr.M.Alagathevan Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the 3rd respondent to issue licence to him for running a Cable Television Network at Kovilpatti Ward 1 & 2 in the city/town Kovilpatti, on the basis of his applications dated 05.04.2017 and 13.07.2017.

2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for R2 and Mr.S.Gunasekaran, learned counsel takes notice for R1 & R3. Notice to R4 is dispensed with, as no adverse order is going to be passed in this petition against him. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he had obtained necessary Cable Registration Certificate Licence No.743 and has been acting in the capacity of Local Cable Operator (LCO) for providing connections to 313 subscribers in Kovilpatti Ward 1, as allotted by R3. It is the further case of the petitioner that the 4th respondent had illegally given cable connections to the Kovilpatti Ward 2 and the petitioner had submitted applications dated 05.04.2017 and 13.07.2017 to the 3rd respondent and also paid registration fee for permitting him to provide connections to both Ward Nos.1 and 2 in the City / Town Kovilpatti, which did not evoke any response so far. Aggrieved by the same, the petitioner is before this Court with the above prayer.

4. The learned Standing Counsel appearing for the third respondent would submit that if a reasonable time is granted to the 3rd respondent, the applications of the petitioner will be considered and appropriate orders be passed.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to consider the applications of the petitioner dated 05.04.2017 and 13.07.2017 and take a suitable decision thereon on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, R4 and other interested parties, if any.

6. With the above direction, this petition is disposed of. No costs.

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

1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, No.11/22, Mangadusamy Street, Nungambakkam, Chennai-600 034.

2. The District Collector, Office of Collectorate, Thoothukudi.

3. The Special Tahsildhar (Cable TV), District Collector Office, Thoothukudi.

+ 1 cc TO Mr.J.Senthil Kumaraiah , Advocate in SR No. 91625 ar AE/SKN RSK/SAR1/20.12.2017/3P/5C W.P(MD)No.22517 of 2017 8.12.2017