This writ petition under Article 226 challenged a Show Cause Notice issued by the Revenue Divisional Officer. The Court allowed the petition as the petitioner is a private MSO, holding there is no authority to proceed further with the notice, and set aside the impugned order.
The impugned Show Cause Notice was set aside and the Writ Petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.14350 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.14350 of 2017 and
W.M.P.(MD) Nos.11242 and 11243 of 2017
G.Ayyarsamy
... Petitioner
/vs./
W.P.(MD) No.14350 of 2017
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned Show Cause Notice in Na.Ka.No. A2/4269/2017 dated 25.07.2017 issued by the 2nd Respondent and quash the same.
For Petitioner : Mr.B.Prasanna Vinoth
For R1 & R2 : Mr.J.K.Jeyaseelan Government Advocate
For R3 : Mr.J.R.Annie Abinaye For R4 : Mr.S.Gunasekaran
ORDER
The impugned order that has been challenged is a show cause notice issued
to the petitioner on 25.07.2017. Therefore, an order of interim stay has been granted by this Court, pursuant to which no further proceedings had been initiated by the respondents.
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W.P.(MD) No.14350 of 2017
Index : Yes / No Internet : Yes / No mm To
05.12.2024
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.
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W.P.(MD) No.14350 of 2017
K.KUMARESH BABU, J.
mm
W.P.(MD) No.14350 of 2017
05.12.2024
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2 issues framed by the court
Whether the Show Cause Notice can be proceeded with against a Private MSO.
Whether the impugned Show Cause Notice should be set aside.
2 provisions across 2 enactments
G.Ayyarsamy
The District Collector, Tirunelveli District
The Revenue Divisional Officer, Tenkasi
The General Manager, Tamil Nadu Arasu Cable TV Corporation
The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation
K.KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
