Govt Employees Would Probaby Be More At Peace If They Are Denied TV Cable Connections In Entirety: Madras High Court

Justice CV Karthikeyan was hearing a plea filed by a cable operator Star Channel challenging the order on the ground that they were denied opportunity to provide connection in a prejudicial manner.

"The entire issue revolves around the suitability and eligibility of the petitioner to claim as preference, the permission to provide television cable connections to 1848 tenements at the aforementioned officers' complex. It would certainly have been a more sensible approach if those officials who work in various Government Department are denied television cable connections in entirety as they would probably be more at peace," the court observed.

Star Channel had contended that they were earlier granted permission to lay television cable to the Goundampallayam Government Officials Housing Unit consisting of 532 flats in 2002. In 2012, the housing flats were demolished and fresh flats were put up consisting of 1848 tenements. However, Star Channel was not offered the permission to lay cable in the new flats.

It was contended that Star had given a representation seeking permission with necessary documents including a solvency certificate and a bank guarantee. The Bank Guarantee was for a period of 2 years till May 2nd 2021.

Star also relied on a letter issued by the Executive Engineer of Tamil Nadu Housing Board wherein he had informed Star that their application was under consideration and listed out certain requirements that needed to be complied. It submitted another in which the Executive Engineer had stated that once the construction was complete, permission would be granted to lay cable lines.

It also relied on replies received under the Right to Information Act in which the Housing board had informed prospective candidates that Star's application had been considered and granted necessary permission.

The Housing Board had however denied Star's application by stating that the Bank guarantee which expired on May 2, 2021, had not been extended or renewed nor a fresh guarantee was obtained.

Though Star argued that the Bank guarantee was still enforceable, the court noted that after its expiry, the respondent authorities did not have any control over Star and there was no privity of contract. They were thus free to approach any cable TV operator, said the court. 

The court added that the information received under the RTI Act was mere information and it could not be relied on by Star to prove or establish a statement.

The court also said respondent authorities had the liberty to appoint a cable tv operator who in their opinion would be able to most appropriate. 

"The entire building had changed. Naturally the respondents must be given the choice to appoint a cable tv operator, who in their opinion would be able to provide television cable connections to all the 1848 tenements. It is a matter of subjective satisfaction."

Thus, finding that no relief could be granted, the court dismissed the plea.

Case Title: Star Channel v. The Secretary to the Government and others

Citation: 2023 LiveLaw (Mad) 72