Tripura High Court
Mrinalini Enn vs The State Of Tripura on 10 December, 2018
Author: Sanjay Karol
Bench: Sanjay Karol
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
W.P(c) No.1146/2018
1. Mrinalini Enn, Broadcaster and Local Cable Operator in short
"LCO" incorporated under Postal Act, having its principal place of
business at Melarmath, Agartala, P.S-West Agartala, Tripura
(West), Pin-799001.
2. Rajib Dutta, Mrinalini Enn, Broadcaster and Local Cable
Operator in short "LCO" incorporated under Postal Act, having its
principal place of business at Melarmath, Agartala, P.S-West
Agartala, Tripura (West), Pin-799001.
----Petitioner(s)
Versus
1. The State of Tripura, represented by the Chief Secretary,
Government of Tripura , having his office at new Capital
Complex, Lichubagan. P.O-Kunjaban, District-West Tripura, PIN-
799004.
2. District Monitoring Committee cum District Magistrate,
Tripura West, Office of the District Magistrate at Agartala, Pin-
799 250.
3. SRISTI Cable, A multi system operator in short "MSO" a
proprietorship firm incorporated under shops and establishment
act having its principal place of business at J.B. Road, Old RMS
Chowmuhani, Krishna Nagar, Agartala, Tripura(West) Pin-
799001.
4. Santanu Roy, son of no known, Partner, SRISTI Cable, A
multi system operator in short "MSO" a proprietorship firm
incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
5. Satyabrata Bhattacharya, son of not known Partner, SRISTI
Cable, A multi system operator in short "MSO" a proprietorship
firm incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
6. Amal Saha, son of not known Partner, SRISTI Cable, A
multi system operator in short "MSO" a proprietorship firm
incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
7. Arunava Saha, son of not known Partner, SRISTI Cable, A
multi system operator in short "MSO" a proprietorship firm
incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
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8. Pranab Sarkar, son of not known Partner, SRISTI Cable, A
multi system operator in short "MSO" a proprietorship firm
incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
9. Debasish Bhattacharya, son of not known Partner, SRISTI
Cable, A multi system operator in short "MSO" a proprietorship
firm incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
10. Subal Dey, son of known Partner, SRISTI Cable, A multi
system operator in short "MSO" a proprietorship firm
incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001 and
11. Surojit Pal, son of not known Partner, SRISTI Cable, A multi
system operator in short "MSO" a proprietorship firm
incorporated under shops and establishment act having its
principal place of business at J.B. Road, Old RMS Chowmuhani,
Krishna Nagar, Agartala, Tripura(West) Pin-799001.
----Respondent(s)
For Petitioner(s) : Mr. S. Chakraborty, Advocate.
For Respondent(s) : Mr. Rajib Saha, Advocate.
HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL
ORDER
10/12/2018 The petitioners have prayed for the following reliefs:
(i) Admit this petition;
(ii) A writ in the nature of Mandamus directing the
respondents to decide the application under Section 2 of the Cable T.V. Networks Regulation Act, 1995 read with order 9 proviso (v) of the memorandum dated:17.08.2011 issued by the Finance Department, Government of Tripura being No.F7(2)/FIN/COM/2011 submitted before the Chairman District Monitoring Committee cum District Magistrate, Tripura West, Agartala;
(iii) A writ in the nature of declaration declaring the illegal collection of funds by the Multi System Operators from the Local Cable Operators and/or Broadcasters as illegal Page 3 of 4 ab initio as per provisions of Cable Television Network Rules, 1994 and Cable TV Regulation Act, 1995;
(iv) Costs;
(v) Any other appropriate Order or Direction, the Hon'ble Court may considers fit and appropriate may kindly be passed;
After the matter was heard for some time, learned counsel appearing for the writ petitioners fairly stated that the only direction which can be issued by the Court is for an early consideration and disposal of petitioners' representation dated 10th June, 2015 (Annexure-2).
On the other hand, learned counsel for the respondents contends that the writ petition is pre-mature. It's been just seven days that the alleged notice stands issued and the writ petitioners without even approaching the appropriate authority straightway rushed to the Court. Also, whether (Annexure-2) stands received at all or not, is in itself not certain from the material place on record.
Be that as it may, this Court is inclined to dispose of the present petition in the following terms:
(a) Petitioners shall approach the concerned appropriate officer afresh within a period of one week from today.
(b) Petitioners' case shall be considered by the appropriate authority and decide expeditiously in accordance with law and positively within a period of one month thereafter.
(c) The authority shall positively pass the order by assigning reasons and copy thereof shall also be supplied to the writ petitioners.Page 4 of 4
(d) Liberty is reserve to the writ petitioners to independently approach the Court for assailing the order, if so required and desired on the same and subsequent cause of action, in accordance with law.
(e) All issues are left open.
Consequently, the writ petition stands disposed of.
(SANJAY KAROL),CJ.
Dipankar