Madras High Court
M.Ashok Kumar vs Telecom Regulatory Authority Of India on 30 November, 2021
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.Nos.4413 & 4414 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.11.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.Nos.4413 & 4414 of 2018
and
W.M.P.Nos.5424 & 5425 of 2018
M.Ashok Kumar,
Maruthi Cable Network,
No.56, Kannaiya Street, Valappady Post and Taluk,
Salem District. ... Petitioner in WP No.4413/2018
M.Balaji,
Vinayaga Cable Network,
No.23, Vaithipadaiyachi Street,
Valappady Post and Taluk,
Salem District. ... Petitioner in WP No.4414/2018
Vs.
1.Telecom Regulatory Authority of India,
Rep.by its Chairman, Mahanagar Door Shanchar Bhawan,
Jawaharlal Nehru Marg, Old Minto Road,
Near Dr.Zakir Husain College, New Delhi – 110 002.
2.Government of India,
Rep.by its Secretary,
Ministry of Information and Broadcasting,
Room No.655, 5th floor A Wing, Shastri Bhawan,
Dr.Rajendra Prasad Road, New Delhi – 110 001.
3.Tamil Nadu Arasu Cable TV Corporation Limited,
rep.by its Managing Director, Dugar Towers,
No.34/123, 6th floor, Marshalls Road, Egmore, Chennai -8.
https://www.mhc.tn.gov.in/judis
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W.P.Nos.4413 & 4414 of 2018
4.The General Manager (Admn.),
Tamil Nadu Arasu Cable TV Corporation Ltd.,
Egmore, Chennai – 8.
5.Special Tahsildar / Deputy Manager,
Tamil Nadu Arasu Cable TV Corporation Ltd.,
Collectorate, Salem.
6.Inspector of Police,
Vallapady Police Station, Vallapady,
Salem District.
7.Inspector of Police,
Ayilpatty Police Station, Ayilpatty,
Namakkal District. ... Respondents in WP No.4413/2018
1.Telecom Regulatory Authority of India,
Rep.by its Chairman, Mahanagar Door Shanchar Bhawan,
Jawaharlal Nehru Marg, Old Minto Road,
Near Dr.Zakir Husain College, New Delhi – 110 002.
2.Government of India,
Rep.by its Secretary,
Ministry of Information and Broadcasting,
Room No.655, 5th floor A Wing, Shastri Bhawan,
Dr.Rajendra Prasad Road, New Delhi – 110 001.
3.Tamil Nadu Arasu Cable TV Corporation Limited,
rep.by its Managing Director, Dugar Towers,
No.34/123, 6th floor, Marshalls Road, Egmore, Chennai -8.
4.The General Manager (Admn.),
Tamil Nadu Arasu Cable TV Corporation Ltd.,
Egmore, Chennai – 8.
5.Special Tahsildar / Deputy Manager,
Tamil Nadu Arasu Cable TV Corporation Ltd.,
Collectorate, Salem.
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W.P.Nos.4413 & 4414 of 2018
6.Inspector of Police,
Vallapady Police Station, Vallapady,
Salem District. ... Respondents in WP No.4414/2018
COMMON PRAYER : Petitions filed Under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to direct the
3rd respondent herein to fulfil its obligation under Regulation 5 of the
Telecommunication (Broadcasting and Cable) Services Interconnection
(Addressable Systems) Regulations, 2017 not to interfere with the right
of the petitioner herein to receive encrypted signal for Television
Channels from any other registered Distributor / MSO for transmission
through his Cable TV net work for his subscribers.
For Petitioners : Mr.V.R.Raj Sekaran
..in both WPs.
For Respondents : No appearance for R1
Mr.Abdul Saleem
for R3 to R5
..in both WPs.
Mr.K.M.D.Muhilan
Government Advocate for R6 & R7
..in WP.No.4413/2018
Mr.K.M.D.Muhilan
Government Advocate for R6
..in WP.No.4414/2018
COMMON ORDER
These Writ Petitions have been filed to issue a Writ of Mandamus, to direct the 3rd respondent herein to fulfil its obligation under Regulation https://www.mhc.tn.gov.in/judis 3/6 W.P.Nos.4413 & 4414 of 2018 5 of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 not to interfere with the right of the petitioners herein to receive encrypted signals for Television Channels from any other registered Distributor / MSO for transmission through their Cable TV net work for his subscribers.
2. When these matters are taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners were permitted to get signals from private MSO's and now they are also getting encrypted signals for Television Channels from Arasu Cable TV network. As of now, there is no interruption from the respondents. Hence, no further order is required.
3. However, the learned counsel for the respondents submit that there was an agreement between the petitioners and the respondents, if the petitioners violate any of the terms of the agreement, they would take appropriate action.
4. Accordingly, these Writ Petitions are disposed of. However, the respondents are at liberty to take appropriate action against the https://www.mhc.tn.gov.in/judis 4/6 W.P.Nos.4413 & 4414 of 2018 petitioners in the event of the petitioners violate the terms of the contract. No costs. Consequently, connected miscellaneous petitions are closed.
30.11.2021 Pns Index : Yes / No Internet : Yes / No Speaking/Non-speaking order To
1.The Chairman, Telecom Regulatory Authority of India, Mahanagar Door Shanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, Near Dr.Zakir Husain College, New Delhi – 110 002.
2.The Secretary, Government of India, Ministry of Information and Broadcasting, Room No.655, 5th floor A Wing, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi – 110 001.
3.Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, No.34/123, 6th floor, Marshalls Road, Egmore, Chennai -8.
4.The General Manager (Admn.), Tamil Nadu Arasu Cable TV Corporation Ltd., Egmore, Chennai – 8.
5.Special Tahsildar / Deputy Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Collectorate, Salem.
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Pns
6.Inspector of Police, Vallapady Police Station, Vallapady, Salem District.
7.Inspector of Police, Ayilpatty Police Station, Ayilpatty, Namakkal District.
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