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Madras High CourtWP(MD)/15796/2016disposed of

V.Nallasubbu, v. The Managing Director

2016-11-07Honourable Mr Justice V. Bharathidasan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.15796 of 2016 and WMP(MD) No.11597 of 2016 Nallasubbu ... Petitioner Vs.

1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Thugar Towers, Chennai - 600 008.

2.The Deputy Manager/Special Tahsildar, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Ellis Nagar, Madurai-16.

3.The District Cable Operator, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Ellis Nagar, Madurai-16.

4.The Taluk Cable Operator, Arasu Cable TV Control Room, Peraiyur Taluk, Rajammal Fertilizers Complex First Floor, Main Road, T.Kallupatti, Peraiyur Taluk, Madurai District-703.

5.The Taluk Cable Operator, Arasu Cable TV Control Room, Thirumangalam Taluk, 22/4, Thiruppathi Complex 3rd Floor, Railway Feeder Road, Thirumangalam, Madurai 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 respondents 1 to 3 to take action against the 4th respondent for unlawfully interfering with the business of the petitioner as a Local Cable Operator in Vandapuli, Kattarapatti and Samthuvapuram near Peraiyur in Peraiyur Taluk, Madurai District and permit the petitioner to get link for his Cable Tv Operation from the 5th respondent.

For Petitioner : Mr.M.Kannan For Respondents : Mr.Abdul Saleem for Mr.S.Satheesh Kumar for RR-1 to 3 No appearance for RR-4 & 5

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents 1 to 3 to take action against the 4th respondent for unlawfully interfering with the business of the petitioner as a Local Cable Operator in Vandapuli, Kattarapatti and Samthuvapuram near Peraiyur in Peraiyur Taluk, Madurai District and permit the petitioner to get link for his Cable Tv Operation from the 5th respondent.

2.According to the petitioner, he is a LCO (Local Cable TV Operator) in Vandapuli Village, Peraiyur Taluk, Madurai District, under the Arasu Cable TV Corporation. The grievance of the petitioner is that the fourth respondent is interfering with his business as a Local Cable Operator. Further, the petitioner made a request to the respondents 1 to 3 permitting him to get link from the 5th respondent. In spite of his representation, respondents 1 to 3 had not taken any steps. Hence, he has filed the present writ petition.

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 (Records) /True Copy/ Sub Assistant Registrar To

1. The Managing Director, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Thugar Towers,Chennai - 600 008.

2.The Deputy Manager/Special Tahsildar, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Ellis Nagar,Madurai-16.

3.The District Cable Operator, Tamil Nadu ARASU Cable T.V. Corporation Ltd., Ellis Nagar,Madurai-16.

4.The Taluk Cable Operator, Arasu Cable TV Control Room, Peraiyur Taluk, Rajammal Fertilizers Complex First Floor, Main Road, T.Kallupatti, Peraiyur Taluk, Madurai District-703.

5.The Taluk Cable Operator, Arasu Cable TV Control Room, Thirumangalam Taluk, 22/4, Thiruppathi Complex 3rd Floor, Railway Feeder Road, Thirumangalam, Madurai District.

+1 cc to Mr.M.Kannan,Advocate, Sr.No:67165 Writ Petition (MD) No.15796 of 2016 07.11.2016 vs Rum/15.12.2016./3p/7c