Madras High CourtWP(MD)/24301/2016disposed of

T.Murugan, S/O.Thangaraj v. The Managing Director,

2016-12-19Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.24301 of 2016 T.Murugan .. Petitioner vs.

1.The Managing Director, Tamil nadu Arasu cable TV Corporation Ltd., 34/1123, 6th Floor, Dugar Towers, Marshalls Rod, Egmore, Chennai - 600 008.

2.The Head Postmaster, Head post Office, Rajapalayam, Virudhunagar District.

3.The Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., District Collectorate Complex, Virudhunagar District.

4.S.Sanjeevikani ... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the 1st respondent to forbearing the 4th respondent from collecting the excess money from the petitioner and not to disconnect the cable T.V. connection in the petitioner's area. For Petitioner : Mr.P.Muthusamy For R1 & R3 : Mr.S.Satheesh Kumar Additional Government Pleader For R2 : R.Murugappan

O R D E R

The petitioner seeks for a mandamus directing the first respondent to forbear the fourth respondent from collecting the excess money from the petitioner and not to disconnect the cable T.V. connection in the petitioner's area.

2. Heard both sides.

3.According to the petitioner, he is running a business as Cable TV Operator at Sundarajapuram, Ganapatti, Nachiyarpuram, Rajapalayam Taluk for the past 10 years and the petitioner got license through the second respondent and paid the necessary fees and license has also been extended under Rule 5(2) of TRAI Act.

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4. The learned counsel for the petitioner would further submit that even though the first respondent has issued a Circular dated 22.12.2014 instructing the Local Cable TV Operators should not pay the additional fess to Taluk Cable TV Operators, the fourth respondent demanded excess money from the petitioner for each Cable TV connection and threatened to disconnect the cable connection to petitioner's area.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 3 and the the learned counsel appearing for the second respondent and perused the materials placed on record.

6. This Court, without expressing any opinion on the claim made by the petitioner, directs the third respondent-the Tahsildar to consider the case of the petitioner in the light of the Circular issued by the first respondent dated 22.12.2014. The said exercise shall be done within a period of six weeks from the date of receipt of copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To, 1.The Managing Director, Tamil nadu Arasu cable TV Corporation Ltd., 34/1123, 6th Floor,Dugar Towers, Marshalls Rod, Egmore,Chennai - 600 008.

2.The Head Postmaster, Head post Office, Rajapalayam,Virudhunagar District.

3.The Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., District Collectorate Complex, Virudhunagar District.

+1cc to Mr.P.Muthusamy, Advocate in SR No.81981 +1cc to Mr.R.Murugappan, Advocate in SR No.81651 W.P(MD)No.24301 of 2016 cm 19.12.2016 anr/em-mpa/sar3/24.01.2017/2p/6c https://hcservices.ecourts.gov.in/hcservices/