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Madras High Court

D. Soma Sundaram vs The Secretary on 16 August, 2021

Author: R. Mahadevan

Bench: R. Mahadevan

                                                                       WP No. 2818 of 2018

                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                            DATED : 16.08.2021

                                                  CORAM

                      THE HONOURABLE MR. JUSTICE R. MAHADEVAN

                                      Writ Petition No. 2818 of 2018
                                                    ---

            1. D. Soma Sundaram
               Son of Durai Babu
               Somu Cable Network (LCO No.38674)
               81, Vellai Pandal Vallipuram Post
               PV Kalathur Via.,
               Tirukalukundram
               Kanchipuram District

            2. S. Soundararajan
               Son of Subramani
               Soundar Cable Network (LCO No. 39303)
               59, Big Chetty Street
               Chengalpattu
               Kanchipuram District

            3. S. Thilagam
               Wife of Soundararajan
               Thilagam Satelite TV (LCO No.38510)
               69/90-A, Chinnamaniyakara Street
               Chengalpattu
               Kancheepuram District                                   .. Petitioners
                                              Versus

                 1. The Secretary
                     Government of India
                     Ministry of Information and Broadcasting
                     "A" Wing, Shastri Bhavan
                     Dr. Rajendra Prasad Road
                     New Delhi - 110 001
https://www.mhc.tn.gov.in/judis/


            1/5
                                                                                  WP No. 2818 of 2018

                  2. M/s. Tamil Nadu Arasu Cable TV Corporation Limited
                     represented by its Managing Director
                     "Dugar Towers", 6th Floor
                     Old No.34, New No.123
                     Marshalls Road, Egmore
                     Chennai - 600 008                                           .. Respondents

                         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 23.01.2018 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.

                  For Petitioners            :     Mr. B. Prasanna Vinoth

                  For Respondents            :     Mr. N. Ramesh for R1
                                                   Mr. Abdul Saleem for R2

                                                      ORDER

The petitioners have come forward with this writ petition 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 23.01.2018 made by the petitioners to the respondents https://www.mhc.tn.gov.in/judis/ 2/5 WP No. 2818 of 2018 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.

2. Heard the learned counsel for both sides and perused the material records. The relief sought for by the petitioners in this writ petition no longer survives for consideration. During the pendency of this writ petition, the Cable TV operation in the State has been digitalised and Local Cable TV Operator (LCO) licence is no longer issued. In view of the above, no relief can be granted to the petitioners in this writ petition.

3. In the light of the above, the writ petition is disposed of. No costs.

16.08.2021 Index : Yes/No Internet : Yes/No rsh To

1. The Secretary Government of India Ministry of Information and Broadcasting https://www.mhc.tn.gov.in/judis/ 3/5 WP No. 2818 of 2018 "A" Wing, Shastri Bhavan Dr. Rajendra Prasad Road New Delhi - 110 001

2. M/s. Tamil Nadu Arasu Cable TV Corporation Limited represented by its Managing Director "Dugar Towers", 6th Floor Old No.34, New No.123 Marshalls Road, Egmore Chennai - 600 008 https://www.mhc.tn.gov.in/judis/ 4/5 WP No. 2818 of 2018 R. MAHADEVAN, J rsh WP No. 2818 of 2018 16.08.2021 https://www.mhc.tn.gov.in/judis/ 5/5