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3. The respondents 2 to 4 filed a counter stating that the Slum Clearance Board has spent several lakhs of rupees in constructing tenements for the benefits of poor people at very meagre rent and in addition all the basic amenities including maintenance has been provided by the Slum Clearance Board. Therefore, any private individual without https://www.mhc.tn.gov.in/judis permission giving cable connection to the tenements thereby making profit out of it cannot be acceptable by the Board Rules. As per Section 4B of Cable Television Network Act, 1995, the Tamil Nadu Slum Clearance Board can collect the amount from the cable operators as service charges and the said amount would be utilised for carrying out the repair work which has been caused by the cable TV operators while laying out the cable in the tenements. The petitioner has paid a sum of Rs.48,000/- as a one year lease amount vide receipt No.5876 dated 28.04.2008. Now the petitioner has filed the present Writ Petition as if Slum Clearance Board does not have any power to collect rent from the petitioner. As per Rule 4B of Cable Television Network Act 1995 enables the Tamilnadu Slum Clearance Board to collect some amount from the cable operators as service charge while laying out the cables at the tenements. The Tamilnadu Slum Clearance Board has entered into an agreement with Tamilnadu Arasu Cable Television and thereby appointing of local cable operators for the Slum Clearance Board tenements is vested with the Tamilnadu Arasu Cable Television. Accordingly, the Tamilnadu Arasu Cable Television will inform the Slum Clearance Board that who are all local cable TV operators permitted to give cable TV connection to the Slum Clearance Board https://www.mhc.tn.gov.in/judis tenements and thereby 50% of the income derived from it would be given to the Tamilnadu Slum Clearance Board and the same has come into force since 21.03.2016. Hence, the petitioner can approach the Tamilnadu Arasu Cable Television for license to give connection to the Tamilnadu Slum Clearance Board tenements.

7. I have perused the entire materials. The first contention of the https://www.mhc.tn.gov.in/judis petitioner is that the Slum Clearance Board has no authority to collect any amount for giving Cable TV connections in the tenements. It is relevant to note as per the Rule 4B of Cable Television Networks [Regulation] Act, 1995, license or renewal of license has to be granted by the registering authority. As per Rule 2[e] of the Cable Television Networks Rules 1994, registering authority means in relation to a cable operator registered under Rule 5, the Head Post Master of a Head Post Office of the area within whose territorial jurisdiction the office of cable operator is situated. Rule 5 deals with issuance of license or renewal of license. The above Rules also makes it clear that for a license or renewal of license to operate the cable TV, the registering authority is the head Post Master. There is no quarrel over this.

(2) Any public authority under whose control or management any immovable property is vested may, on receipt of a request from a cable operator permit the cable operator to do all or any of the following acts, namely:— (a) to place and maintain underground cables or posts; and (b) to enter on the property, from time to time, in order to place, examine, repair, alter or remove such cables or posts.

(7) Nothing in this section shall confer any right upon any cable operator other than that of user for the purpose only of laying underground cable or erecting posts or maintaining them.]

9. Admittedly the property belongs to the Slum Clearance Board. It is public authority and therefore, any cable passing through the tenements, the authority has got every power to regulate the same. That apart, to operate the Cable Television Network, grant of license or renewal license to be made by the registering authority. According to the Rule, it is the Head Post Master. Grant of license or renewal of license is only in order to run the cable television and not to regulate the Cables passing through the immovable property belonging to the public authorities. Therefore, for https://www.mhc.tn.gov.in/judis laying any Cable or erecting posts for such cable TV inside the public place, permission from the public authority is mandatory as per Section 4B of the Cable Television Networks [Regulation] Act, 1995. Subsection 6 of the Act makes it very clear that any permission granted by the public authority under this section may be given subject to reasonable conditions as the public authority thinks fit to impose as to the payment of any expenses or time or mode of execution of any work, or as to any other matter connected with or related to any work undertaken by the cable operator in exercise of those rights. The above provision makes it clear that while granting permission in the public premises, the public authority has the power to collect any payment towards expenses like maintenance etc. Therefore, the contention of the learned counsel for the petitioner that the Slum Clearance Board has no power to collect any maintenance charges such as fixing of rent, cannot be countenanced. Though the impugned notice proceeds as if the rent has been fixed, mere nomenclature Order will not make any difference. Sub Clause 6 of Section 4B permit the public authorities to collect any expenses.