K.Kannan, S/O.Kasi Chettiyar, v. The Managing Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.14826 of 2016 and WMP(MD) No.10962 of 2016 K.Kannan ... Petitioner Vs.
1. The Managing Director, Tamilnadu Arasu Cable TV Corporation Ltd, 11/12, Mangadusamy salai, Nungambakkam, Chennai - 34.
2.The Special Tahsildar, Tamilnadu Arasu Cable TV Corporation Ltd, District Collectorate, Thoothukudi, Thoothukudi District.
3.The Manager, Tamilnadu Arasu Cable TV Corporation Ltd, Trichendur, Thoothukudi District.
4.The Taluk Cable Operator, Tamilnadu Arasu Cable TV Corporation Ltd, GDR Vision, Santhankulam, Sathankulam Taluk, Thoothukudi District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent not to interfere with the right of the petitioner to get signal service from MSO of his choice and consequentially directing the 2nd respondent not to compel him to get signal service from 4th respondent except 3rd respondent at Tiruchendur Thoothukudi District so as to telecast free to air channels pay channels and Private local cable.
For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar for RR-1 to 3 Mr.G.Prabhu Rajadurai for R-4
ORDER
The petitioner has filed this Writ Petition seeking a direction, directing the 2nd Respondent not to interfere with the right of the Petitioner to get signal service from any MSO of the petitioner's choice and consequentially directing the 2nd respondent not to compel him to get signal service from 4th respondent except 3rd respondent at Tiruchendur, Thoothukudi District so as to telecast free to air channels, pay channels and Private local cable.
2.According to the petitioner, he is doing Cable TV business in Sathankulam area, Thoothukudi District for the past 10 years. He is getting signals from third respondent control room. Now, the second and fourth respondents are insisting the petitioner to get signals from the fourth respondent. Hence, the petitioner has filed the present writ petition for issuing a direction to the second respondent not to compel him to get signals from any other private MSO.
3.The learned counsel for the petitioner submitted that in similar circumstances, this court has allowed the similar prayer and he produced a copy of the order passed in W.P.(MD). Nos.18114...etc 2014 & batch and prayed that similar order may be passed. The relevant portion of the order reads as follows: "When the matter is taken up for hearing, the learned Standing Counsel appearing for Tamil Nadu Arasu Cable TV Corporation Limited submitted that the respondents have no objection for the prayer sought in all these writ petitions provided that they get signals from the recognised/authorised District Local Cable Operator/Taluk Operator. Further, they should not be in arrears insofar as Tamil Nadu Arasu Cable TV Corporation Limited is concerned."
4.Mr.Abdul Saleem, learned Standing counsel appearing for the respondents/Arasu Cable TV Corporation submitted that similar orders may be passed in this writ petition.
5.In view of the above submission made by the learned Standing Counsel appearing for the respondents, the petitioner is permitted to get signals from any of the recognised or authorised District Cable Operator/Taluk Operator and they should not be in
arrears to the respondent. Accordingly, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To
1. The Managing Director, Tamilnadu Arasu Cable TV Corporation Ltd, 11/12, Mangadusamy salai, Nungabakkam,Chennai - 34.
2.The Special Tahsildar, Tamilnadu Arasu Cable TV Corporation Ltd, District Collectorate, Thoothukudi,Thoothukudi District.
3.The Manager, Tamilnadu Arasu Cable TV Corporation Ltd, Trichendur,Thoothukudi District.
4.The Taluk Cable Operator, Tamilnadu Arasu Cable TV Corporation Ltd, GDR Vision, Santhankulam, Sathankulam Taluk,Thoothukudi District. +2 cc to M/s.G.Prabhu Rajadurai, Advocate in SR.No.66822 &66824 Vs CSL/SS-2/21.12.2016 :3P/7C Writ Petition (MD) No.14826 of 2016 07.11.2016