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Madras High CourtWP(MD)/14350/2017allowed

G.Ayyarsamy v. The District Collector

2024-12-05Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) Nos.11242 and 11243 of 2017 G.Ayyarsamy ... Petitioner /vs./ 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

3.The General Manager, Tamil Nadu Arasu Cable TV Corporation, Dugar Towers, No.34 (123) 6th Floor, Marcel Road, Egmore, Chennai.

4.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation, Tirunelveli, Tirunelveli District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned Show Cause Notice in Na.Ka.No. A2/4269/2017 dated 25.07.2017 issued by the 2nd Respondent and quash the same.

For Petitioner : Mr.B.Prasanna Vinoth For R1 & R2 : Mr.J.K.Jeyaseelan Government Advocate For R3 : Mr.J.R.Annie Abinaye For R4 : Mr.S.Gunasekaran

ORDER

The impugned order that has been challenged is a show cause notice issued to the petitioner on 25.07.2017. Therefore, an order of interim stay has been granted by this Court, pursuant to which no further proceedings had been initiated by the respondents.

2. Since the petitioner had been a private MSO at present, there is no authority for the respondents to proceed further with the show cause notice impugned herein.

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3. For the aforesaid reason, the Writ Petition stands allowed and the order impugned herein is set aside. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 05.12.2024 Internet : Yes / No mm To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

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K.KUMARESH BABU, J.

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