Madras High CourtWP(MD)/2789/2017disposed of

S.Manivannan v. Tamil Nadu Arasu Cable Tv

2017-02-17Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.2789 of 2017 and W.M.P(MD)No.2295 of 2017 S.Manivannan ... Petitioner vs.

1.Tamil Nadu Arasu Cable TV Corporation, Rep. By the Managing Director, Durga Towers, 34, 6th Floor, Marshal Road, Egmore, Chennai - 600 008.

2.The District Collector, Madurai District, Madurai.

3.The Deputy Manager/Special Tahsildar, Elis Nagar, Madurai.

4.The Chief Post Master, Head Post Office, Periyakulam, Theni District.

5.Murugan 6.Agni ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus restraining the respondents 1 and 3 from providing Local Cable TV Operator(LCO) licence to the respondents 5 and 6 within the area where the petitioner hold the licence (No.1476 and LCO11857) at A.Krishnapuram, Athikaripatti, Peraiyur Taluk, Madurai District to operate the Local Cable TV Network(LCO) by considering the petitioner's representation, dated 25.01.2017. For Petitioner : Mr.V.Manikandan For R-1 & R-3 : Mr.S.Sadeshkumar, Additional Government Pleader For R-2 : Mr.A.Muthukaruppan, Additional Government Pleader For R-4 : Mr.C.Nandagopal

ORDER

Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader, who takes notice for the respondents-1 to 3 and the learned counsel, who takes notice for the fourth respondent.

2. Since no order prejudicial to the interest of 5th and 6th respondent is going to be passed, notice to respondents 5 and 6, is dispensed with.

3. The case of the petitioner is that he is a licence holder for running Local Cable TV operation at A.Krishnapuram, Athikaripatti, Peraiyur Taluk, Madurai District. According to the petitioner, the respondents 5 and 6, who have no right to conduct Cable TV business in his locality, are attempting to get a licence in their names. Objecting to the same, the petitioner has given a representation on 25.01.2017 to the respondents 1 to 4 to restrain them from providing Local Cable TV licence to the fifth and sixth respondents. Since the said representation was not considered, the present Writ Petition has been filed.

4. In view of the limited scope of the prayer sought for in this writ petition, without going into the merits of the claim made by the petitioner, there shall be a direction to the third respondent to consider the petitioner's representation dated 25.01.2017, on its own merits and pass orders in accordance with law after giving due opportunity of hearing to the respondents 5 and 6, within a period of four weeks from the date of receipt of a copy of this order.

With the above observation, this Writ Petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Managing Director, Durga Towers, 34, 6th Floor, Marshal Road, Egmore, Chennai - 600 008.

2.The District Collector, Madurai District, Madurai.

3.The Deputy Manager/Special Tahsildar, Elis Nagar, Madurai.

4.The Chief Post Master, Head Post Office, Periyakulam, Theni District.

+1 cc to M/S. V.Manikandan, Advocate in SR.No. 9024 PM CSL/SV-MMS/SAR-III/21.02.2017 : 3P/6C W.P.(MD)No.2789 of 2017 17.02.2017