Theni Digital Network v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.9954 of 2017 Theni Digital Network, Rep. by its Managing Partner S.Tamilan ... Petitioner v.

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

2.The District Collector / Nodal Officer, Cable TV, Thanjavur District, Thanjavur.

3.The Managing Director, Arasu Cable TV Corporation Ltd., 34/123, 6th Floor, Durga Towers, Marsal Salai, Chennai - 600 008.

1/4

4.The Special Tahsildar, Tamil Nadu Cable TV Corporation Ltd., Theni, Taluk Office, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents 3 & 4 from interfering in the day-to-day activities of the petitioner's partnership firm namely Theni Digital Network having control room at No.64, second floor, Kamarajar Line, Theni, Theni District from implementing Digital Addressable System to their local cable TV operators, as per the DAS Franchisee agreement dated 30.03.2017, based on the petitioner's representation dated 06.07.2017.

For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Mr.K.R.Laxman, Central Government Standing Counsel for R.1 Mr.David Sundar Singh, Standing Counsel for R.2 to R.4 ***** 2/4

ORDER

This writ petition has been filed by a private MSO for a mandamus forbearing the respondents 3 & 4 from interfering with his business activities. 2.Learned Counsel for the petitioner submitted that the fourth respondent on 06.07.2017 came to his office and threatened to seal the premises. Therefore, the petitioner has submitted a representation to the second respondent / District Collector, who is the Nodal Officer and has approached this Court.

3.Learned Standing Counsel for the Arasu Cable TV Corporation submitted that they have never went to the petitioner's office and they have never intimidated him, at any point of time.

4.The petitioner has not substantiated his claim that the fourth respondent has ever intimidated him and the reasons for such intimidation, with any materials. The petitioner has also not impleaded the fourth respondent in his individual capacity with any specific averments. 3/4

B.PUGALENDHI, J.

gk In view of the above and recording the submission made by the learned Standing Counsel for Arasu Cable TV Corporation that they have never intimidated the petitioner, this writ petition stands closed as no further order is required to be passed. No costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 28.06.2023 NCC :

Yes / No gk 4/4