Maheswari v. The Senior Post Master

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Maheswari ... Petitioner Vs.

1. The Senior Post Master Madurai H.O, Madurai - 1.

2. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Madurai.

3. The Inspector of Police, Koodakovil Police Station, Madurai District.

4. Muniyandi

5. Rasukutty ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents No.1 and 2, not to grant Local Cable Operator (LCO) license to Parapathy Area of Madurai District, to anybody including the fourth and fifth respondent by considering 1/5

and disposing the petitioner's representation dated 17.06.2022. For Petitioner : Mr.P.Natarajan For R-1 : Mr.K.Asok Kumaar Ram Central Government Standing Counsel For R-2 : M/s.S.Devasena For R-3 : Mr.K.Gnanasekaran Government Advocate (Crl. Side) For R-4 : Mr.C.Godwin

ORDER

The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to direct the respondents No.1 and 2, not to grant Local Cable Operator (LCO) license to Parapathy Area of Madurai District, to anybody including the fourth and fifth respondents by considering and disposing the petitioner's representation dated 17.06.2022."

2. Heard the learned counsel on either side and perused the entire materials available on record.

3. The petitioner is a registered Cable TV operator in the name and style 2/5

of Tiraviyam Bala Cable TV in the area of Parapathy, since 1997. The said area includes Periyakoodakovil also. The petitioner claims that the fourth and fifth respondents with the help of GBTAL Network, Virudhunagar District, without license had entered into the area of Parapathy for Cable TV operation twice. Hence, she made a complaint before the third respondent and appropriate warning was given to the fourth respondent. Now, the petitioner had come to know that the third and fourth respondents have applied license for the area of Parapathy before the first and second respondents for grant of license. Hence, the petitioner made a representation to the second respondent on 17.05.2022 , not to issue any license to the fourth and fifth respondents. Since the same was not considered, the present writ petition came to be filed.

4. The learned Counsel for the second respondent on instruction would submit that till date except the petitioner, no one is granted with Local Cable Operator (LCO) license for the area of Parapathy. However, the petitioner's requirement is that no other person including the fourth and fifth respondents should be considered for grant of LCO license in future, is not sustainable, Hence, she pressed for dismissal of the writ petition.

5. It is brought to the notice of this Court by the learned Counsel for the 3/5

second respondent that the petitioner had filed a civil suit in this regard before the District Munsif Court, Madurai in O.S.No.7 of 2024.

6. In view of the same, this Court hereby directs the petitioner to adjudicate the matter before District Munsif Court, Madurai. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. NCC : Yes / No 20.11.2024 Index : Yes / No Internet : Yes jbr To

1. The Senior Post Master Madurai H.O, Madurai - 1.

2. The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Madurai.

3. The Inspector of Police, Koodakovil Police Station, Madurai District.

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L.VICTORIA GOWRI, J.

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