1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)Nos.9480 and 9481 of 2011 and M.P(MD)No.1 and 1 of 2011 K.Meenakshi Sundaram :Petitioner in both W.Ps. -Vs- 1. The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 2. The Deputy Superintendent of Police, Rajapalayam Town, Virudhunagar District. 3. The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District. 4. The Inspector of Police, Rajapalayam North Police Station, Rajapalayam Town, Virudhunagar District. :Respondents in WP(MD)No.9480/11 1. The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 2. The Deputy Superintendent of Police, Sivakasi Town, Virudhunagar District. 3. The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District. 4. The Inspector of Police, Sivakasi North Police Station, Sivakasi Town, Virudhunagar District. :Respondents in WP.Nos.9481 /11 PRAYER:Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from interfering with the business of the petitioner under the name and style of "(1)Mani T.V.Channels and (2)Vasantham T.V.Channel respectively" of the petitioner which is being carrying on in a lawful manner. For Petitioner :Mr.M.Thirunavukkarasu (in both petitions) For Respondents:Mr.M.Govindan, Special Govt. Pleader(in both petitions) ORDER The Writ Petitions have been filed to forbear the respondents from interfering with the business of the petitioner under the name and style of "Mani T.V.Channels and Vasantham T.V. Channel" which is being carrying on in a lawful manner. 2.Heard Mr.M.Thirunavukkarasu, learned counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3.By consent, the Writ Petition itself is taken up for final hearing. 4.Both the Writ Petitions have been filed by the petitioner who is engaged in providing cable television services in Rajapalayam and Sivakasi area. The Writ Petitions have been filed to forbear the respondents from interfering with the business of the petitioner. 5.According to the petitioner, the Revenue Officials and the police Authorities stopped the telecast through cable television services on the ground that the telecast is contrary to law. However, no show-cause notice or proceedings in accordance with the Cable Television Networks (Regulation) Act and Rules, has been issued. The direction to stop telecast is orally made and fearing consequences, the petitioner has given a representation to all the respondents on 18.08.2011. Inspite of informing the higher officials, the threat by the Revenue Officials and the local police is continuing. Therefore, on this premise, the Writ Petitions have been filed. 6.The learned Special Government Pleader on instructions states that if there is any infraction of the Cable Television Networks (Regulation) Act and Rules, the authorities are entitled to take appropriate action and due process of law will be followed. He has further stated that the apprehension and allegation made by the petitioner is not correct. The authorities will proceed in the matter purely in accordance with the provisions of the said Act and Rules. The petitioner need not have any apprehension on that issue. 7.Since the Cable Television services is Governed by the Cable Television Networks (Regulation) Act and Rules, the Revenue Officials or the police, if they find any infraction of the provisions of the said Act and Rules, shall have to follow the procedure prescribed and shall not engaged in oral or verbal instructions. They are bound to follow the procedure prescribed under the said Act and Rules, if any action contemplated against the petitioner. 8.With the above direction, the Writ Petitions are disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Revenue Divisional Officer,Sivakasi, Virudhunagar District. 2.The Deputy Superintendent of Police,Rajapalayam Town,Virudhunagar District 3.The Tahsildar,Rajapalayam Taluk Office,Sivakasi, Virudhunagar District. 4.The Inspector of Police,Rajapalayam North Police Station, Rajapalayam Town,Virudhunagar District. 5. The Deputy Superintendent of Police,Sivakasi Town, Virudhunagar District. 6. The Tahsildar,Sivakasi Taluk Office,Sivakasi, Virudhunagar District. 7. The Inspector of Police,Sivakasi North Police Station, Sivakasi Town,Virudhunagar District. +2CC TO Mr.M.Thirunavukkarasu, Advocate. SR.No.30731, 30735. ssl W.P(MD)Nos.9480 and 9481 of 2011 and M.P(MD)No.1 and 1 of 2011 RP/09.09.11/2P/10C. 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/