Subam Digital Cable Service, v. The Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD)Nos.24417 of 2018, 11905, 11906, 17841, 17843, 17845, 20748, 20758, 21579 of 2019 and W.M.P.(MD) Nos.22129, 22130 and 22183 of 2018 in W.P.(MD) No.24417 of 2018 and W.M.P.(MD) Nos.8997, 8998 and 8999 of 2019 in W.P.(MD) No.11905 of 2019 and W.M.P.(MD) Nos.9000, 9001 and 9002 of 2019 in W.P.(MD) No.11906 of 2019 and W.M.P.(MD) Nos.14303, 14304, 14306, 14309 and 14940 of 2019 and 5804 of 2021 in W.P.(MD) No.17841 of 2019 and W.M.P.(MD) Nos.14307, 14308, 14310, 14311 and 14924 of 2019 and 5771 of 2021 in W.P.(MD) No.17843 of 2019 and W.M.P.(MD) Nos.14312, 14313, 14315, 14316 and 14932 of 2019 in W.P. (MD) No.17845 of 2019 and W.M.P.(MD) Nos.17375 and 17376 of 2019 in W.P.(MD) No.20748 of 2019 and W.M.P.(MD) Nos.17378 and 17379 of 2019 in W.P.(MD) No.20758 of 2019 and W.M.P.(MD) Nos.18251 and 18252 of 2019 in W.P.(MD) No.21579 of 2019 W.P.(MD) No.24417 of 2018:
Subam Digital Cable Service, Rep. by its Partner, Mr.R.N.Balu, No.138, Cotton Market, Rajapalayam - 626 117.
... Writ Petitioner Vs.
1.The Government of Tamil Nadu, Represented by its Chief Secretary, 1/5
Secretariat, Fort St. George, Chennai.
2.The Principal Secretary, Municipal Administration & Water Supply, Secretariat, Fort St. George, Chennai.
3.The Secretary, Ministry of Information & Broadcasting, Room No.649 "A" Wing Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records in G.O.Ms.No.80, Municipal Administration and Water Supply dated 30.06.2014 on the file of the 2nd respondent and quash the same.
For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for Mr.V.Karthikeyan For Respondents : Mr.Shanmugavel Additional Government Pleader for R1 and R2 Mr.K.Govindarajan Deputy Solicitor General of India for R3 2/5
COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) These Writ Petitions are filed challenging challenging G.O.Ms.No.80, Municipal Administration and Water Supply Department, dated 30.06.2014.
2. It is brought to our notice that during the pendency of these Writ Petitions, the Government issued G.O.(Ms) No.4, Information Technology Department, dated 25.01.2022, under the provisions of Indian Telegraph Right of Way Rules, 2016 notified by the Government of India.
3. Respective learned counsels appearing on behalf of the parties drew our attention to the decision taken by the Government in G.O.(Ms) No.4, Information Technology Department, dated 25.01.2022, which reads as under:- "In line with the Indian Telegraph Right of Way Rules, 2016, no track rent (one-time or annually) shall be charged by any District Nodal Officer or Appropriate Authority for grant of any permission under any existing Government orders issued by Revenue & Disaster Management, Rural Development & Panchayat Raj and Municipal Administration & Water Supply departments."
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4. In respect of the arrears, it is brought to our notice that separate Writ Petitions are filed. Thus, parties are to workout their remedy in accordance with law. That being the factum, no further adjudication is required in these Writ Petitions. Accordingly, these Writ Petitions are disposed of. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. (S.M.S., J.) & (V.L.N., J.) 01.11.2023 NCC : Yes / No Index : Yes / No SJ To 1.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai.
2.The Principal Secretary, Municipal Administration & Water Supply, Secretariat, Fort St. George, Chennai.
3.The Secretary, Ministry of Information & Broadcasting, Room No.649 "A" Wing Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi - 110 001.
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S.M.SUBRAMANIAM, J.
AND V.LAKSHMINARAYANAN, J.
SJ W.P.(MD)Nos.24417 of 2018, 11905, 11906, 17841, 17843, 17845, 20748, 20758, 21579 of 2019 01.11.2023 5/5