T.D.Krishna Kumar, v. The General Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)Nos.14880 & 14881 of 2014 and MP(MD) Nos.1,2 and 1,2 of 2014 T.D.Krishna Kumar ...Petitioner in WP(MD)No.14880/2014 K.Ashok Kumar

...Petitioner in WP(MD)No.14881/2014 Vs.

1.The General Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Dugar Towers, 34/123, 6th floor, Marshalls Road, Egmore, Chennai – 600 008.

2.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Ellis Nagar, Madurai – 625 016. ...Respondents in both WPs COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the notices sent by the respondent vide

21737/mdu/2013/900

dated

16.10.2013, 007461/mdu/2014/275, dated 06.06.2014 and quash the same. For Petitioners :Mr.P.M.Vishnu Vardhnan For Respondents :Mr.David Sundar Singh Standing Counsel (In both Wps)

C O M M O N O R D E R

These writ petitions are filed as against the show cause notice issued by the respondents in 21737/mdu/2013/900 dated

16.10.2013 and 007461/mdu/2014/275, dated 06.06.2014, calling upon the petitioners to pay a sum of Rs.40,421/- and Rs.84,039/- respectively.

2.The show cause notices, under Section 4 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulations, 2004 have been issued that the petitioners have not paid the arrears of collection amount to the respondents.

3.The learned counsel appearing for the petitioners submits that the respondents have not mentioned the exact period, for which the demand has been made and the notice is a vague one.

4.The impugned proceedings is only a show cause notice and therefore, these writ petitions are not maintainable in view of the decision of the Hon'ble Supreme Court in Union of India vs. Kunishetty Satyanarayana [(2006) SCC 28].

5.Accordingly, these writ petitions are disposed of with a liberty to the the petitioners to offer their explanation to the impugned show cause notice within a period of four weeks from the date of receipt of a copy of this order and on receipt of such explanation, the respondents shall consider the same and proceed in accordance with law within a period of three months from thereon and if the petitioners fail to offer their explanation as directed, it is open to the respondents to proceed in accordance with law, with the available materials. No costs. Consequently, connected Miscellaneous Petitions are closed.

30.06.2023 NCC : Yes / No. Index : Yes / No. vrn To

1.The General Manager, Tamil Nadu Arasu Cable TV Corporation Ltd., Dugar Towers, 34/123, 6th floor, Marshalls Road, Egmore, Chennai – 600 008.

2.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation Ltd., Ellis Nagar, Madurai – 625 016.

B.PUGALENDHI, J. vrn Common Order made in W.P(MD)Nos.14880 & 14881 of 2014 and MP(MD) Nos.1,2 and 1,2 of 2014

30.06.2023