M.Paramasivam v. The Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.12518 of 2025 M.Paramasivam ... Petitioner Vs.

1.The Secretary, The Ministry For Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi 110 001.

2.The District Collector/Nodal Officer(Cable Tv), Thoothukudi, Thoothukudi District.

3.The Special Tahsildar/Assistant Manager, Tamil Nadu Arasu Cable TV Corporation, Thoothukudi District.

4.G.Sundaraseelan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned enquiry notice made in j.eh.m.Nf.btp 9/2023 dated 06.06.2025 issued by the second respondent quash the same as illegal and consequently directing the second respondent to conduct enquiry 1/6

as per the direction of this Court in WP(MD)No.2499 of 2023 dated 29.01.2025, without involving the third respondent. For Petitioner : Mr.B.Prasanna Vinoth For R1 & R2 : Mr.C.Satheesh Government Advocate For R3 : M/s.J.R.Annie Abinaya Additional Standing Counsel

ORDER

Mr.C.Satheesh, learned Government Advocate takes notice for the respondents 1, 2 and M/s.J.R.Annie Abinaya, learned Additional Standing Counsel takes notice for the third respondent.

2. This writ petition has been filed challenging the impugned communication issued by the third respondent on behalf of the second respondent and consequently directing the second respondent to conduct enquiry as per the direction of this Court in WP(MD)No.2499 of 2023 dated 29.01.2025, without involving the third respondent.

3. The impugned communication, dated 06.06.2025 issued by the third respondent on behalf of the second respondent reads as under: 2/6

4. The impugned communication has been issued by the third respondent purportedly in furtherance of the order passed by this Court in W.P.(MD)No.2499 of 2023 filed by the petitioner, which came to be disposed on 29.01.2025. The operative portion of the order reads as under: 3/6

"3.Without expressing any opinion on the merits of the Writ Petition, the second respondent is directed to conduct enquiry on the petitioner's representation dated 31.03.2023, after issuing notice to the petitioner and the seventh respondent and also affording an opportunity of hearing to them and pass orders, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs."

5. Today when the case was taken up for hearing, the learned Additional Standing Counsel for the third respondent submits that the second respondent has delegated the function to the third respondent. Therefore, the third respondent is the competent authority to adjudicate the representation of the petitioner pursuant to the order passed by this Court on 29.01.2025. 6.Prima facie there appears to be no justifiable reason for the third respondent to adjudicate the matter, as the order dated 29.01.2025, is very specific and it has directed the second respondent therein/second respondent herein to conduct an enquiry on the petitioner's representation, dated 31.03.2023. Under these circumstances, there shall be a direction to the second respondent to pass appropriate orders on the representation of the petitioner. It is needless to state that the second respondent may take any input that may be required from the third respondent. 4/6

7. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Secretary, The Ministry For Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi 110 001.

2.The District Collector/Nodal Officer(Cable Tv), Thoothukudi, Thoothukudi District.

3.The Special Tahsildar/Assistant Manager, Tamil Nadu Arasu Cable TV Corporation, Thoothukudi District.

C.SARAVANAN, J.

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