S.Nehru, S/O. Subramanian, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.5239 of 2017 S.Nehru ... Petitioner versus

1. The District Collector,

2. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Dugar Towers 6th Floor, Egmore, Chennai.

3. The Superintendent of Police,

4. The Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Karur, Karur District.

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5. T.V.Malarvannan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 4 to take appropriate action against the 5th respondent for disconnecting the optic fiber line and removing the joint box of the petitioner and to ensure that the petitioner lays his optic fiber line to his customers and transmit signal without interfering from the fifth respondent illegally based on the petitioner's representation dated 21.03.2017.

For Petitioner : Mr.B.Prasanna Vinoth For R1 and R3 : Mr.M.Siddhardhan, Additional Govt. Pleader For R2 and R4 : M/s.Annie Abinaya, Standing Counsel For R5 : No appearance

ORDER

The petitioner, claiming to be an Internet Service Provider, has obtained licence from the Tamil Nadu Arasu Cable TV Corporation in the year 2016. The 5th respondent, who was also recognized as one of the Internet Service Providers, has interfered with his business and taken away his joint box and optic fibber cables to an extent of 2/6

Rs.5 lakhs, for which, he has submitted a representation to the respondents on 21.03.2017. Since there was no action on the said representation, the petitioner has filed this writ petition.

2. The learned Standing Counsel appearing for the Tamil Nadu Arasu Cable TV Corporation submits that the Tamil Nadu Arasu Cable TV Corporation has discontinued the services of network with effect from 2018. Therefore, nothing survives in this writ petition.

3. The grievance of the petitioner is that he entered into an agreement for providing Internet service for Kulithalai area on 23.12.2016. However, he was prevented by the 5th respondent and the joint box and other optic cables laid by the petitioner was damaged.

4. This Court, by order dated 12.04.2017, ordered notice to the 5th respondent. But, the petitioner has failed to take notice to the 5th respondent.

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5. Considering that the writ petition is pending from the year 2017 and the Tamil Nadu Arasu Cable TV Corporation has also discontinued the Internet service from the year 2018, this writ petition is disposed of by granting liberty to the petitioner to submit a fresh representation to the 4th respondent, within a period of two weeks from the date of receipt of a copy of this order. On filing any such representation, the 4th respondent shall conduct an enquiry and pass orders within a period of twelve weeks from the date of receipt of the representation. No costs. Consequently, connected miscellaneous petition is closed.

19.06.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, 4/6

2. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Dugar Towers 6th Floor, Egmore, Chennai.

3. The Superintendent of Police,

4. The Manager/Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., 5/6

B.PUGALENDHI, J.

ogy 19.06.2023 6/6