T.M. MATHIVANAN Vs. KUMARAKURUPARAN

JUDGEMENT

(1.) The petitioner has come forward with this writ petition praying for issuance of a Writ of Mandamus directing the respondents to forthwith broadcast his channel SILVER SCREEN (PLC No.56660) in the same "S" - Band as that of the other Private Local Channels in Mannargudi area, Tiruvarur District and consequently extend the license period for one year from the date of such broadcast.

(2.) The facts which gave rise to filing of the present writ petition are briefly stated as follows:-

(3.) The learned Senior counsel appearing for the petitioner would contend that the petitioner was allotted slot No.10 in the tender floated by the first respondent on 05.06.2015, however, the said order was not given effect to for the reasons best known. The petitioner has therefore filed WP No. 17583 of 2015 before this Court in which an interim order was passed on 19.06.2015 restraining the respondents from in any way allotting the 10th slot available in Mannargudi area to any other person. Such an interim order was passed in the presence of the counsel for the respondents 1 and 2 and they have also sought time to get instructions. However, contrary to the interim order, the petitioner was allotted 81st channel which is very weak and could not be visible. Further, the 10th channel was allotted in favour of one Symphony Cable Network who did not even participate in the tender floated by the first respondent as could be evident from a reply dated 08.01.2016 issued to the application dated 19.11.2015 under the Right to Information Act. As per the reply, it was categorically admitted that Symphony Television has not participated in the tender, however, they were arbitrarily and illegally accommodated by the respondents and they were given the 10th slot meant for the petitioner.