K. Jinnah v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P(MD)No.14418 of 2019 K.Jinnah ... Petitioner vs.
1.The Secretary, The Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.
2.Nodal Officer / District Collector, Tirunelveli, Tirunelveli District.
3.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, 34/123, 6th Floor, Dukar Tower, Mar sal Salai, Chennai - 600 008.
4.The Assistant Manager / Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third and fourth respondents to cancel the petitioner LCO in LCO No.13030 on the roll of the third respondent Corporation and take back the set top boxes provided to the petitioner by the third respondent with acknowledgement, consequently return the deposit made against the set top boxes, based on the representation of the petitioner, dated 08.08.2019.
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For Petitioner : Mr.AN.Ramanathan For R - 1 : Mr.R.Murugappan For R - 2 : Mr.Aayiram K.Selvakumar, Additional Government Pleader.
For RR 3 & 4 : Mr.K.S.Prakash, for Mr.S.Gunasekaran
ORDER
Mr.AN.Ramanathan, learned counsel on record for writ petitioner, Mr.R.Murugappan, learned counsel on behalf of R1; Mr.Aayiram K.Selvakumar, learned counsel on behalf of R2 and Mr.K.S.Prakash, learned counsel representing S.Gunasekaran, learned standing counsel for 'Tamil Nadu Arasu Cable TV Corporation Limited' (hereinafter referred to as 'TAC TV' for brevity) on behalf of respondents 3 and 4 are before this Court.
2.Read this in conjunction with and in continuation of earlier proceedings of this Court dated 03.09.2019, which read as follows: 'Mr.B.Prasanna Vinoth, learned counsel on record for writ petitioner is before this Court.
2.When this Writ Petition came up earlier on 19.08.2019, Mr.M.Rajarajan, learned Government Advocate had accepted notice for respondents 1 and 2. However today, this Court is informed that there is a change in the State counsel who will be representing this matter. 3.Mr.R.Murugappan, learned counsel accepts notice on behalf of R1; Mr.Aayiram K.Selvakumar, learned counsel accepts notice on behalf of R2 and Mr.K.S.Prakash, 2/7
learned counsel representing S.Gunasekaran, accepts notice on behalf of respondents 3 and 4 and this completes the array of parties who are before this Court. 4.Subject matter of instant writ petition is pertaining to Cable Television Network. It is submitted that the writ petitioner is a 'Local Cable Operator' (hereinafter referred to as 'LCO' for brevity) and the writ petitioner had taken signals from 'Tamil Nadu Arasu Cable TV Corporation Limited' (hereinafter referred to as 'Arasu Cable' for brevity) from 2011 for 540 end-users, but subsequently, owing to customers requests, the 'Set Top Boxes' (hereinafter referred to as 'STBs' for brevity) were returned. (It is submitted that out of 540 STBs, 520 STBs have been returned by the writ petitioner to respondents 3 and 4), but deposit has not been returned. Therefore, instant writ petition has been filed with a prayer for Mandamus, ie., to direct the third respondent to return the writ petitioner's deposit after making necessary adjustments with regard to 20 STBs. In this backdrop, counsel for Arasu cable (respondents 3 and
4) seeks time to get instructions and report. 5.At request of learned counsel for respondents 3 and 4, list after a fortnight.'
3.Pursuant to aforesaid earlier proceedings, learned Standing Counsel for TAC TV has obtained instructions and has placed before this Court a communication dated 06.06.2019 bearing Reference Na.Ka.No.11/2019/TACTV/TNV from the fourth respondent to the third respondent which reads as follows:
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4. Notwithstanding very many averments made in the affidavit filed in support of the writ petition, notwithstanding several contentions canvassed / grounds urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the aforesaid stated position is recorded and writ petition is disposed of with a direction for processing refund.
5. The aforesaid stated position of fourth respondent is recorded and instant Writ Petition is disposed of directing the third respondent to process refund and have the refund made as expeditiously as possible and in any event, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar Enclosure: Xerox copy of Scanned Portion in this Order. ps To 1.The Secretary, The Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.
2.Nodal Officer / District Collector, Tirunelveli, Tirunelveli District.
3.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, 34/123, 6th Floor, Dukar Tower, Mar sal Salai, Chennai - 600 008.
4.The Assistant Manager / Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Limited, Tirunelveli District.
+1 CC to M/s.S.GUNASEKARAN, Advocate ( SR-90113[F] dated 27/09/2019 ) 6/7
+1 CC to M/s.B.PRASANNA VINOTH, Advocate ( SR-90341[F] dated 30/09/2019 ) +1 CC to M/s.R. MURUGAPPAN, Advocate ( SR-90461[F] dated 30/09/2019 ) +1 CC to M/s.SPL GP ( SR-90553[F] dated 30/09/2019 ) 27.09.2019 JM/24.10.2019/7P/9C 7/7