J.Balaji v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI J.Balaji ... Petitioner Vs.

1.The Managing Director Tamil Nadu Government Cable T.V. Corporation, 807, 4th Floor, P.T.Sengalvarayan Naicker Buildings, Anna Salai, Chennai - 600 002.

2.The District Deputy Manager/Special Tahsildar, Tamil Nadu Government Cable T.V. Corporation, District Collectorate Complex, Virudhunagar, Virudhunagar District.

3.Krishnakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to renew the petitioner license for disturbing DSD proceedings in B5/2409324/2023 dated 03.08.2023, Aruppukottai Taluk, Virudhunagar District and B5/2409305/2023, dated 06.10.2023, for Virudhunagar Taluk, Virudhunagar District, on the basis of renewal of application dated 26.03.2024 and to consider petitioner's representation dated 20.09.2024 and 14.10.2024, in accordance with the Rules and Regulations. 1/5

For Petitioner : Mr.G.Mariappan For Respondents 1 & 2 : Mrs.S.Devasena, Standing Counsel

ORDER

Mrs.S.Devasena, learned Standing Counsel takes notice for the respondents 1 and 2. Considering the limited scope of relief sought for, notice to the 3rd respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The petitioner's application for renewal of licence for distribution of DSD for the area of Aruppukottai and Virudhunagar in proceedings bearing No.B5/2409324/2023 dated 03.08.2023 and No.B5/2409305/2023, dated 06.10.2023, are kept pending, without considering the petitioner's representations dated 20.09.2024 and 14.10.2024.

3.The petitioner's representations pertains to renewal of his licence for the period 2024 - 2025. The petitioner who is doing business with TACTV, has filed this Writ Petition that he was initially a LCO and now he is having licence for Digital Signal Distribution. The DSD expired on 31.03.2024. Following which, the petitioner has submitted the said representations. However, the same is kept without consideration. 2/5

4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5.Considering that the petitioner is doing business with the TACTV for several years, the Writ Petition is disposed of with a direction to the 1st respondent to take a decision on the petitioner's application dated 26.03.2024, submitted for renewal as expeditiously as possible. Till such time, the petitioner shall not be disturbed from digital signal distribution. There shall be no order as to costs.

11.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/5

To 1.The Managing Director Tamil Nadu Government Cable T.V. Corporation, 807, 4th Floor, P.T.Sengalvarayan Naicker Buildings, Anna Salai, Chennai - 600 002.

2.The District Deputy Manager/Special Tahsildar, Tamil Nadu Government Cable T.V. Corporation, District Collectorate Complex, Virudhunagar, Virudhunagar District.

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L.VICTORIA GOWRI, J.

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