V.Kaliappan, S/O.M.Velusamy v. The Managing Director,
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.17956 of 2016 V.Kaliappan ... Petitioner versus
1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Chennai.
2. The Special Tahsildar/Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Trichy.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent to conduct a survey for the number of connections possessed by the petitioner's SRI MURUGAN CABLE TV NETWORK for the enrollment No.LCO 10495 and fix subscription fees as per the TRAI regulations and Cable TV Network regulation Act. 1/6
For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Ms.Annie Abinaya Standing Counsel
ORDER
The petitioner has joined as Local Cable TV Operator with Arasu Cable TV Corporation in the year 2012 with 450 points and also deposited a sum of Rs.27,000/-. He claims that due to his efficient service, customers have been increased from 450 to 600. Now, the Arasu Cable TV Corporation has demanded a sum of Rs.21,900/- p.m. for 1095 points. Therefore, the petitioner has filed this writ petition for a Mandamus, directing the respondents to conduct a survey for the number of connections possessed by the petitioners Sri Murugan Cable TV Network for the enrolment No.LCO 10495 and fix subscription fees as per the TRAI regulations and Cable TV Network regulation Act
2. The learned Standing Counsel appearing for the respondents submits that the Tamil Nadu Arasu Cable TV Corporation was established in the year 2011 and commenced its transmission in the 2/6
year 2011 itself. Originally, signals were provided on Conditional Access System (Analog system - CAS) to the District Cable TV Operators, from whom, the Local Cable TV operators were receiving it. In the year 2018, the signals were provided to Taluk Cable TV Operator, from whom, the Local Cable TV operators have obtained connections. She further submits that the petitioner received signals from the Tamil Nadu Arasu Cable TV Corporation in the year 2011. The petitioner has obtained connections for 450 points. Later, he himself admitted that he has increased the connections from 450 points to 600 points. She further submits that most of the Cable TV operators have not provided the exact number of connections.
Therefore, the Tamil Nadu Arasu Cable TV Corporation has conducted a survey with the help of the officers of the ration shops by providing forms to each ration cardholder, collect the data and based on the survey report, charges have been revised in the year 2014. The petitioner has also paid a sum of Rs.21,900/- for 1095 points with effect from April 2014 and also preferred this writ petition only on 21.12.
evade the payment to Tamil Nadu Arasu Cable TV Corporation and therefore, this writ petition is liable to be dismissed.
3. The learned counsel appearing for the petitioner by referring to the representations of the petitioner dated 07.07.2014 and 17.02.2016, submits that the petitioner has already made objections on 07.07.2014, however, has paid the demand amount on the threat of disconnection.
4. This Court considered the rival submissions made and perused the materials available on record.
5. The Tamil Nadu Arasu Cable TV Corporation was originally providing signals on Analog system. Now, the signals are providing on digital addressable system. The demand for 1095 points has been made by the Tamil Nadu Arasu Cable TV Corporation in the year 2014. The petitioner by giving a formal objection on 07.07.2014 has not raised any objection for the number of connections from the year 2014 and 4/6
preferred this writ petition only on 21.12.2016. Therefore, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
19.06.2023 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., Chennai.
2. The Special Tahsildar/Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Trichy.
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B.PUGALENDHI, J.
ogy 19.06.2023 6/6