A.Aathisooraprakash v. The Honorable Trai New Delhi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD).No.7025 of 2017 and W.M.P(MD).No.5550 of 2017 A.Aathisooraprakash .. Petitioner Vs.
1. The Honorable TRAI New Delhi, Rep. by Chairman, Mahangar Doorsanchar Bhawan (next to Zakir Hussain College) Jawaharlal Nehru Marg (Old Minto Road) New Delhi: 110 002
2. The Secretary, Ministry of Information and Broadcasting, The Union Government of India, 'A' Wing Shastri Bhawan, New Delhi-110 001.
3. The Managing Director, Tamil Nadu Arasu Cable Tv Corporation Ltd., Dugar Towers, 34 (123) 6th Floor, Marshalls Road, Egmore, Chennai-600 008.
4. The District Collector, Sivagangai, Sivagangai District-630 561.
5. The Deputy Manager /The Special Thasildhar, Tamil Nadu Arasu Cable Tv Corporation, District Collector Office Campus, Sivagangai, Sivagangai District-630 561.
.. Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiori by calling for the records in e.f.vz;.2.2015/j.e.m.Nf.b.tp.vz; dated 06.04.2017 passed by the 5th respondent and to quash the same.
For Petitioner : Mr.A.Hafiza For R1 : Mr.N.S.Ponniah For R2 : Mr.P.Paul Pandi For R3 & R5 : Mr.T.Sathish Kumar Additional Government Pleader For R4 : Mr.D.Muruganantham Additi l G t Pl d
ORDER
1. The prayer in the writ petition is to issue a Writ of Certiori to quash the impugned order dated 06.04.2017 passed by the 5th respondent and to quash the same.
2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents 3 to 5, the learned Additional Government Pleader appearing for the fourth respondent, the learned counsel appearing for the first respondent and the learned counsel appearing for the second respondent.
3. The petitioner has approached this Court to challenge the show cause notice issued by the fifth respondent directing the petitioner to show cause why action cannot be initiated against him for transmission of cable operation without proper permission from the authority concerned. The petitioner was given 15 days time for submission of explanation.
4. However, without waiting for final outcome of the show case notice dated 06.04.2017, the writ petitioner has approached this Court seeking to quash the same.
5. I have perused the materials and pleadings made available on record.
6. I do not find any ground to interfere at the stage of show cause notice. Since the impugned proceedings is only show cause notice, the writ petition cannot be entertained by this Court. However, the petitioner is directed to participate in the enquiry and urge whatever defence the petitioner may have in support of his case.
7. With the above observation, this Writ Petition is dismissed. No costs. Consequently, connected W.M.P.(MD) No.5550 of 2017 is also dismissed.
sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar
TO:
1.The Chairman, TRAI New Delhi, Mahangar Doorsanchar Bhawan(next to Zakir Hussain College), Jawaharlal Nehru Marg (Old Minto Road), New Delhi: 110 00 2.The Secretary, Ministry of Information and Broadcasting, Union Government of India,'A' Wing Shastri Bhawan,New Delhi-110 001. 3.The Managing Director, Tamil Nadu Arasu Cable Tv Corporation Ltd., Dugar Towers, 34 (123) 6th Floor, Marshalls Road, Egmore, Chennai-600 008.
4.The District Collector, Sivagangai, Sivagangai District-630 561.
5.The Deputy Manager /The Special Thasildhar, Tamil Nadu Arasu Cable Tv Corporation, District Collector Office Campus, Sivagangai, Sivagangai District-630 561.
+1cc to special Government Pleader in SR.No.53145 +1cc to special Government Pleader in SR.No.52793 +1cc to Mr. P. Paul pandi, Advocate in SR.No.52359 +1cc to Mr. S. Ponnaiah, Advocate in SR.No.52663 +1cc to M/s A. Hafiza, Advocate in SR.No.52398 SDS/RR/04.05.2017/3P/11C W.P.(MD).No.7025 of 2017 and W.M.P(MD).No.5550 of 2017 18.04.2017