K.Umamageswari v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Umamageswari ... Petitioner in WP(MD)24184/2019 S.Stephen ... Petitioner in WP(MD)24188/2019 R.Kannan ... Petitioner in WP(MD)24190/2019 v.

1.The Secretary, Ministry for Information and Broadcasting, Government of India, 2, Krishna Menon Marg, New Delhi - 110 001.

2.The Chief Post Master General, O/o.the Post Master General, Anna Road, Chennai.

3.The Postal Superintendent, Head Post Office, Madurai District.

4.The Post Master, Head Post Office, Arasaradi, Madurai District.

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5.The Special Tahsildar / Assistant Manager, Tamil Nadu Cable TV Corporation Ltd., Madurai District.

... Respondents in all WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the fourth respondent to renew the licenses of the petitioners in Registration Certificate Nos.CTV/303/ASD, CTV/423/ASD and CTV/088/ASD, respectively, submitted with renewal applications dated 18.12.2018, 05.02.2019 and 03.12.2018, respectively, without insisting any no objection from the fifth respondent based on the representations of the petitioner dated 12.11.2019.

For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Mr.T.Mahendran, Central Government Standing Counsel for R.1 to R.4 Mr.Daniel Sundar Singh, Standing Counsel for R.5 [In all WPs] ***** 2/4

COMMON ORDER The petitioners have approached this Court for a mandamus directing the fourth respondent to renew their licenses for cable TV. 2.Learned Counsel appearing for the petitioners submitted that a communication has been made by the Managing Director of Tamil Nadu Arasu Cable TV Corporation to the Postal Department not to renew any applications, without the No Objection Certificate from the Arasu Cable TV Corporation. Based on this communication, the fourth respondent has not renewed the petitioners' license and therefore, he prayed for appropriate orders.

3.Learned Standing Counsel appearing for the fifth respondent, by relying upon the counter affidavit, submitted that the petitioners are having dues to the Arasu Cable TV Corporation and therefore, a communication has been made to the concerned Post Masters not to renew the applications. 3/4

B.PUGALENDHI, J.

gk 4.If the petitioners are having any arrears to the Arasu Cable TV Corporation, the Corporation has to recover the same in the manner known to law, as per their agreement terms. There cannot be any direction by the Arasu Cable TV Corporation to the Postal Department to deny the renewal of licenses. The fourth respondent / Postal Authority is also not supposed to reject the requests of the petitioners, based on such communication. Accordingly, these writ petitions are allowed, with a direction to the fourth respondent to consider and renew the petitioners' license, in the manner known to law, in accordance with the terms and conditions, if they are otherwise eligible. There shall be no order as to costs. Index :

Yes / No 28.06.2023 NCC :

Yes / No gk 4/4