Madras High Court Directs Ministry to Consider Representation in Cable TV Signal Disconnection Case — Writ Disposed Without Merits Adjudication. Court Orders Consideration of Representation After Hearing Parties Within Twelve Weeks Under Article 226 of Constitution of India.

High Court: Madras High Court
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Case Note & Summary

The petitioner, C. Jesu Raja, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court, seeking a writ of mandamus to direct the first respondent (Secretary, Ministry for Information and Broadcasting) and the second respondent (Nodal Officer, KAL Cable Private Limited) to take action against the third respondent (Managing Director, KAL Cable Private Limited) for allegedly illegally disconnecting the petitioner's cable TV signal in violation of the Cable TV Regulation Act. The petitioner also sought restoration of the signal and prevention of future disconnection, based on his representation dated 1.8.2022. The court heard the learned counsel for the petitioner (Mr. M. Suresh), respondents 2 and 3 (Mr. V. Karthikeyan), and the fourth respondent (Mr. P.M. Vishnuvarthanan). Without expressing any opinion on the merits of the writ petition, the court directed the first respondent to consider the petitioner's representation after affording an opportunity of hearing to the petitioner and the fourth respondent, and to pass appropriate orders on merits and in accordance with law within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs, and the connected miscellaneous petition was closed.

Headnote

A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Article 226 of Constitution of India - The court directed the first respondent to consider the petitioner's representation dated 01.08.2022 regarding alleged illegal disconnection of cable TV signals, after affording opportunity of hearing to the petitioner and the fourth respondent, and pass appropriate orders within twelve weeks. The court did not express any opinion on merits. (Paras 3-4)

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Issue of Consideration

Whether the court should direct the first respondent to consider the petitioner's representation regarding illegal disconnection of cable TV signals.

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Final Decision

The court directed the first respondent to consider the petitioner's representation dated 01.08.2022 after affording opportunity of hearing to the petitioner and the fourth respondent, and pass appropriate orders on merits and in accordance with law within twelve weeks. The writ petition was disposed of with no order as to costs. Connected miscellaneous petition closed.

Law Points

  • Writ of Mandamus
  • Consideration of representation
  • Opportunity of hearing
  • Cable TV Regulation Act
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Case Details

2025:MHC:195

W.P(MD)No.17684 of 2022 and W.M.P(MD)No.12883 of 2024

2025-01-20

G.K. Ilanthiraiyan

2025:MHC:195

Mr.M.Suresh, Mr.V.Karthikeyan, Mr.P.M.Vishnuvarthanan

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Nature of Litigation

Writ petition under Article 226 seeking mandamus to direct respondents to take action against third respondent for illegal disconnection of cable TV signal and to restore signal.

Remedy Sought

Petitioner sought direction to respondents 1 and 2 to take action against third respondent for illegally disconnecting petitioner's signal in violation of Cable TV Regulation Act, and to ensure signal restoration and no future disconnection.

Filing Reason

Alleged illegal disconnection of petitioner's cable TV signal by third respondent.

Issues

Whether the court should direct the first respondent to consider the petitioner's representation regarding illegal disconnection of cable TV signals.

Submissions/Arguments

Petitioner argued that the third respondent illegally disconnected his cable TV signal in violation of the Cable TV Regulation Act. Respondents 2 and 3 and fourth respondent were heard but their specific arguments are not recorded.

Ratio Decidendi

Without expressing opinion on merits, the court directed consideration of representation after hearing parties, as the remedy sought was a writ of mandamus for consideration of representation.

Judgment Excerpts

Without expressing any opinion on the merits of the Writ Petition, the first respondent is directed to consider the representation submitted by the petitioner, dated 01.08.2022, after affording an opportunity of hearing to the petitioner and the fourth respondent and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

Procedural History

The petitioner filed W.P(MD)No.17684 of 2022 and W.M.P(MD)No.12883 of 2024 before the Madurai Bench of Madras High Court. The court heard the parties and disposed of the writ petition on 20.01.2025.

Acts & Sections

  • Constitution of India: Article 226
  • Cable Television Networks (Regulation) Act, 1995:
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