Madras High Court
B.Akilandeswari vs The Telecom Regulatory Authority Of ... on 7 November, 2016
Author: V.Bharathidasan
Bench: V.Bharathidasan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2016 CORAM THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.10609 of 2013 in MP(MD) No.1 & 2 of 2013 B.Akilandeswari ... Petitioner Vs. 1.The Telecom Regulatory Authority of India Represented by its Senior Research Officer C & B Mahanagar doorsanchar Bhawan Jawaharlal Nehur Marg, New Delhi - 110002 2.The Managing Director, Tamil Nadu Arasu Cbale TV Corporation Ltd., 11/22 Mangadu Swami Street Nungambakkam chennai - 600 034 3.The Special Tahsildar / Manager Tamil Nadu Arasu cable TV Corporation Ltd., Khadi Craft Building Junction Trichy - 620 001. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the 3rd Respondent in his proceedings in Na.Ka.No. A/2/11 dated 11.06.2013 and quash the same and conduct a Survey for the number of connections possessed by the petitioner for the Enrollment No. LCO 13491 and fix the subscription fees as per the TRAI Regulations and Cable Television Network Regulation Act and pass such further or other orders. !For Petitioner : Mr.D.Senthil ^For Respondents : Mr.R.Murugappan for R-1 Mr.Abdul Saleem for Mr.S.Sadeesh Kumar for RR-2 & 3 :ORDER
The petitioner has filed this Writ Petition, challenging the order passed by the third respondent and direct the respondents 2 and 3 to conduct a survey for the number of connections possessed by the petitioner and fix the subscription fees as per the TRAI regulations and Cable Television Network regulation Act.
2.According to the petitioner, she is a LCO (Local Cable TV Operator) in Trichy District. Now, the grievance of the petitioner is that without conducting a proper survey regarding the number of connections possessed by the petitioner's Cable Vision, the respondents fixed the demand. As per the TRAI regulations and Cable Television Network Regulation Act, the respondent should conduct a proper survey and based on the survey, fix the subscription fees. Hence, she has filed the present writ petition.
3.Mr.Abdul Saleem, learned counsel appearing for the respondents 2 & 3/Arasu Cable TV Corporation fairly submitted that the respondents will conduct proper survey regarding the actual number of connections given to LCOs, thereafter make a demand, as per the TRAI regulations and Cable Television Network Regulation Act. He further submitted that since the LCOs like the petitioner formed an association and interfering with the survey, he seeks police protection during the survey.
4.In the above circumstances, the respondents 2 and 3 are directed to conduct the proper survey in the presence of the petitioner regarding the actual number of connections given to LCOs, thereafter, the respondent shall make a demand, based on the above said survey. The petitioner is also directed not to cause any disturbance during the time of survey. In the event of any such interference, it is open to the respondents 2 & 3 to seek police protection.
5.With the above direction, this writ petition is ordered accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
To
1.The Senior Research Officer C & B Telecom Regulatory Authority of India Represented by its Mahanagar doorsanchar Bhawan Jawaharlal Nehur Marg, New Delhi - 110002
2.The Managing Director, Tamil Nadu Arasu Cbale TV Corporation Ltd., 11/22 Mangadu Swami Street Nungambakkam chennai - 600 034
3.The Special Tahsildar / Manager Tamil Nadu Arasu cable TV Corporation Ltd., Khadi Craft Building Junction Trichy - 620 001. .