Madras High Court
Agvesh Digital Network vs Union Of India on 30 July, 2021
Author: R. Mahadevan
Bench: R. Mahadevan
WP Nos. 32, 33, 43 & 725 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.07.2021
Coram
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
Writ Petition No. 32, 33, 43 and 725 of 2018
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WP No. 32 of 2018
Agvesh Digital Network
represented by its Authorised Partner
S. Jeyakumar
Son of T. Shanmugam
A.V.M. Nagar
Andimadam Post, Andimadam
Ariyalur District - 621 801 .. Petitioner
Versus
1. Union of India
represented by its Secretary
The Ministry for Information and Broadcasting
Room No.116, "A" Wing
Shastri Bhawan
New Delhi - 110 001
2. The Chairman
Telecom Regulatory Authority of India
Jawaharlal Nehru Marg
(Opp. to Ramleela Maidhan)
New Delhi - 110 002
3. The District Collector
District Collector's Office
Cuddalore District
Cuddalore .. Respondents
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WP No. 33 of 2018
Bharath Digital Vision
represented by its Authorised Partner
J. Amsaveni
Wife of S. Jeyachandran
Door No.19/8
Salem to Kovai NH-47
Fourway Track, Vaikalmedu
Chithode - 638 102
Erode District .. Petitioner
Versus
1. Union of India
represented by its Secretary
The Ministry for Information and Broadcasting
Room No.116, "A" Wing
Shastri Bhawan
New Delhi - 110 001
2. The Chairman
Telecom Regulatory Authority of India
Jawaharlal Nehru Marg
(Opp. to Ramleela Maidhan)
New Delhi - 110 002
3. The District Collector
District Collector's Office
Erode District
Erode .. Respondents
WP No. 43 of 2018
1. S. Jeyakumar
Son of T. Shanmugam
Jai Cable (LCO No. 25388)
A.V.M. Nagar, Andimadam Post
Andimadam
Ariyalur District - 621 801
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2. V. Ramesh Kumar
Son of Velmurugan
Ramesh Cable (LCO No. 30402)
Therkutheru, Vilanthai
Andimadam
Ariyalur District - 621 801
3. G. Ramesh
Son of T. Ganeshan
Ramesh Cable
Main Road, Kallathoor
Thandalai Post
Ariyalur District
4. M. Thirugnanam
Son of Murugesan
Middle Street
Eravankgudi Post
Eravankgudi
Kallathoor Via - 621 803
Ariyalur District
5. D. Thangasamy
Son of Durairaju
Kanmani Cable TV (LCO No. 11782)
24, Road States
Kezakudieruppu and Post
Udaiyarpalayam Taluk
Ariyalur District
6. S. Jayavel
Son of Subramanian
Ajay Cables (LCO No. 10458)
Vakkamari Street
Kodali Karuppur
Udayarpalayam
Ariyalur District
7. Pannerselvam
Son of Veerasami
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WP Nos. 32, 33, 43 & 725 of 2018
Saami Cables (LCO No.10124)
Mettu Street
Meensurutty and Post
Udayarpalayam Taluk
Ariyalur Taluk .. Petitioners
Versus
1. The Secretary
Government of India
Ministry of Information and Broadcasting
"A" Wing, Shastri Bhawan
Dr. Rajendra Prasad Road
New Delhi - 110 001
2. M/s. Tamil Nadu Arasu Cable TV Corporation Limited
represented by Managing Director
Durga Towers, 6th Floor
Old No.34, New No.123,
Marshalls Road, Egmore
Chennai - 600 008 .. Respondents
WP No. 725 of 2018
Vellore Digital System
represented by its Authorised Partner
Venkatesan
Son of Natarajan
76, Vellalar Street
Sathuvachari
Vellore - 632 009 .. Petitioner
Versus
1. Union of India
represented by its Secretary
The Ministry for Information and Broadcasting
Room No.116, "A" Wing
Shastri Bhawan
New Delhi - 110 001
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WP Nos. 32, 33, 43 & 725 of 2018
2. The Chairman
Telecom Regulatory Authority of India
Jawaharlal Nehru Marg
(Opp. to Ramleela Maidhan)
New Delhi - 110 002
3. The District Collector
District Collector Office
Vellore District .. Respondents
WP No. 32 of 2018:- Writ Petition filed under Article 226 of The
Constitution of India praying to issue a Writ of Mandamus directing the first
respondent to permit the petitioner firm to provide Analogue signal to its
customers, to whom set top box is not provided, until the petitioner's firm
provide set top box to all its customers like similarly placed Multi System
Operators from its control room at Andimadam Taluk, Ariyalur District
WP No. 33 of 2018:- Writ Petition filed under Article 226 of The
Constitution of India praying to issue a Writ of Mandamus directing the first
respondent to permit the petitioner firm to provide Analogue signal to its
customers, to whom set top box is not provided, until the petitioner's firm
provide set top box to all its customers like similarly placed Multi System
Operators from its control room at Erode District
WP No. 43 of 2018:- Writ Petition filed under Article 226 of The
Constitution of India praying to issue a Writ of Mandamus directing the first
respondent to forbear the second respondent from allotting new Local Cable
TV Operator in existing Local Cable TV Operator area and allow the
petitioners to provide Digital Addressable System Signal to their intending
customers based on the representation of the Tamil Nadu Cable TV General
Welfare Association dated 23.09.2016 and representation dated 18.12.2017
made by the petitioners to the respondents and also direct the first respondent
to take action on the second respondent and its erring officials for disturbing of
implementation of Digital Addressable System as per the choice of their
customers.
WP No. 725 of 2018:- Writ Petition filed under Article 226 of The
Constitution of India praying to issue a Writ of Mandamus directing the first
respondent to permit the petitioner firm to provide Analogue signal to its
customers, to whom set top box is not provided, until the petitioner's firm
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provide set top box to all its customers like similarly placed Multi System
Operators from its control room at Vellore District
For Petitioner (s) : Mr. R. Thiagarajan
for Mr. Prasanna Vinoth
in all the writ petitions
WP No. 32 of 2018
For Respondents : Mr. A. Murugan for RR1 and 2
Mr. Abdul Saleem for R3
WP No. 33 of 2018
For Respondents : Mr. Venkatasamy Babu for RR1 and 2
Mr. Abdul Saleem for R3
WP No. 43 of 2018
For Respondents : Mr. N. Rajan, Central Government Standing
Counsel for R1
Mr. Abdul Saleem for R2
WP No. 725 of 2018
For Respondents : Mr. G. Karthikeyan for RR1 and 2
Mr. Abdul Saleem for R3
COMMON ORDER
The learned counsel appearing for the petitioners fairly submitted that the relief sought for in these writ petitions no longer survives for consideration as the entire Cable TV Operation in the State has been digitalised with the advent of latest technology. The learned counsel for the petitioners therefore submitted that these writ petitions may be dismissed as having become infructuous.
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2. Recording the aforesaid submission of the learned counsel for the petitioners, all these writ petitions are dismissed as having become infructuous.
No costs. Consequently, connected miscellaneous petitions are closed.
30-07-2021 rsh To
1. Union of India represented by its Secretary The Ministry for Information and Broadcasting Room No.116, "A" Wing Shastri Bhawan New Delhi - 110 001
2. The Chairman Telecom Regulatory Authority of India Jawaharlal Nehru Marg (Opp. to Ramleela Maidhan) New Delhi - 110 002
3. The District Collector District Collector's Office Cuddalore District Cuddalore
4. The District Collector District Collector's Office Erode District Erode
5. M/s. Tamil Nadu Arasu Cable TV Corporation Limited represented by Managing Director Durga Towers, 6th Floor Old No.34, New No.123, Marshalls Road, Egmore http://www.judis.nic.in 7/9 WP Nos. 32, 33, 43 & 725 of 2018 Chennai - 600 008
6. The District Collector District Collector Office Vellore District http://www.judis.nic.in 8/9 WP Nos. 32, 33, 43 & 725 of 2018 R. MAHADEVAN, J rsh WP Nos. 32, 33, 43 & 725/2018 30-07-2021 http://www.judis.nic.in 9/9