1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)Nos.10190 to 10192 of 2011 and M.P(MD)No.1 of 2011(In all W.Ps) R.N.BALU, PROPRIETOR OF SUBAM CABLE VISION, 96, THATTU METTU ST., SATTUR ROAD, SIVAKASI TOWN, VIDUDHUNAGAR DISTRICT ` ..PETITIONER IN WP.NO.10190/2011 R.N.BALU, PROPRIETOR OF SUBAM CABLE VISION, 1st FLOOR, CHELLAIAH BUILDING, TENKASI ROAD, PULIANGUDI, TIRUNELVELI DISTRICT .. PETITIONER IN WP.NO.10191/11 R.N.BALU, PROPRIETOR OF SUBAM CABLE VISION, 12-A, KAMARAJ NAGER, RAJAPALAYAM TOWN ..PETITIONER IN WP.NO.10192/11 Vs. 1.THE DISTRICT COLLECTOR, COLLECTORATE,VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. 2.THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR. ..RESPONDENTS 1 & 2 IN WP.NOS.10190 & 10192/11 3.THE REVENUE DIVISIONAL OFFICER, SIVAKASI, VIRUDHUNAGAR DISTRICT. 4.THE DEPUTY SUPERINTENDENT OF POLICE, SIVAKASI TOWN, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 5. THE TAHSILDAR, SIVAKASI TALUK OFFICE, VIDUDHUNAGAR DISTRICT 6.THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, SIVAKASI TOWN, VIRUDHUNAGAR DISTRICT. .. RESPONDENTS 3 TO 5 IN WP.NO.10190/11 1. THE DISTRICT COLLECTOR, COLLECTORATE, TIRUNELVELI DISTRICT 2. THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT, TIRUNELVELI https://hcservices.ecourts.gov.in/hcservices/ 2 3. THE REVENUE DIVISIONAL OFFICER, TENKASI, TIRUNELVELI DISTRICT 4. THE DEPUTY SUPERINTENDENT OF POLICE, PULINGUDI TOWN, TIRUNELVELI DISTRICT 5. THE TAHSILDAR, SIVAGIRI TALUK OFFICE, SIVAGIRI, TIRUNELVELI DISTRICT 6. THE INPSECTOR OF POLICE, PULIANGUDI POLICE STATION, PULIGANGUDI TOWN, TIRUNELVELI DISTRICT ..RESPONDENTS 1 TO 6 IN WP.10191/11 THE REVENUE DIVISIONAL OFFICER, SIVAKASI, VIRUDHUNAGAR DISTRICT THE DEPUTY SUPERINTENDENT OF POLICE, RAJAPALAYAM TOWN, VIRUDHUNAGAR DISTRICT THE TAHSILDAR, RAJAPALAYAM TALUK OFFICE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT THE INPSECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, RAJAPALAYAM TOWN, VIRUDHUNAGAR DISTRICT ..RESPONDENTS 3 TO 6 IN ALL WP.NO.10192/11 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 "Subam Cable Vision" which is being carrying on in a lawful manner. For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.M.Govindan, Special Govt. Pleader O R D E R The Writ Petitions have been filed to forbear the respondents from interfering with the business of the petitioner under the name and style of "Subam Cable Vision" 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. 3. By consent, the Writ Petition itself is taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/ 3 4. All the three Writ Petitions have been filed by the petitioner/Multi System Operator who is engaged in providing cable television services in different parts of the State of Tamil Nadu. 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 are calling upon the petitioner to stop 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 05.09.2011. 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 is contemplated against the petitioner/Multi System Operator. 8. With the above direction, the Writ Petitions are disposed of. No Costs. Consequently, connected miscellaneous petitions are closed. SD/- Deputy Registrar (W) /True Copy/ Sub Assistant Registrar(CS) To 1.The District Collector, Collectorate, Virudhunagar District, Virudhunagar. 2.The Superintendent of Police, Virudhunagar District, Virudhunagar. 3.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 4.The Deputy Superintendent of Police, https://hcservices.ecourts.gov.in/hcservices/ 4 Sivakasi Town, Rajapalayam,Virudhunagar District. 5. The Tahsildar, Sivakasi Taluk office, Virudhunagar District 6.The Inspector of Police, Sivakasi Town Police Station, Sivakasi Town, Virudhunagar District. 7. The District Collector Collectorate, Tirunelveli District, Tirunelveli 8. The Superintendent of Police, Tirunelveli District, Tirunelveli 9. The Revenue Divisional Officer, Tenkasi, Tirunelveli District, Tirunelveli 10. The Deputy Superintendent of Police, Puliangudi Town, Tirunelveli District, Tirunelveli 11. The Tahsildar, Sivagiri Taluk Officer, Sivagiri, Tirunelveli District, Tirunelveli 12. The Inspector of Police, Puliangudi Police Station, Puliangudi Town, Tirunelveli District, Tirunelveli 13. The Revenue Divisional Officer, Sivakasi, Virudhunagar District 14. The Deputy Superintendent of Police, Rajapalayam Town, Virudhunagar District 15. The Tahsildar, Rajapalayam Taluk Office, Rajapalayam, Virudhunagar District 16. The Inspector of Police, Rajapalayam North Police Station, Rajapalayam Town Virudhunagar District +3ccs to M/s.M.Thirunavukkarasu, Advocate, SR.Nos.30533, 30534 & 30535/11 pm GH : 12.09.2011 : 4p/20c W.P.(MD)Nos.10193 to 10192 of 2011 08.09.2011 https://hcservices.ecourts.gov.in/hcservices/