Installation of special antenna for receiving TV signals and transmitting them through cables requires permission under the Telegraph Act and Wireless Telegraphy Act. Permission from the Chief Executive of the gram Panchayat, Tirumala is also required. Transmission of TV programs through cable system without a license is illegal. Private trade or business at Tirumala is prohibited except with the authority and license of the Chief Executive authority of the Panchayat.

P. L. NARASIMHA SHARMA, J.

( 1 ) THESE two writ petitions raise common questions and, therefore, can be disposed of by a common order.

( 2 ) WRIT Petition No. 13871 of 1993 has been filed by two individuals seeking a declaration that the action of the respondents 2 and 3 in obtaining forcibly the letter of undertaking dated 13-9-1993 from the petitioners as illegal.

( 3 ) THE petitioners stated that each of them purchased a dish antenna on the same day from the same vendor under Bill Nos. 34 and 35 and installed the same on 7-9-1993 on house No. 319, Balajinagar, Tirumala and house No. 144, R. B. Centre, Tirumala respectively. They have also purchased the necessary cables to give dish antenna connections to the citizens of Tirumala who are owning Television sets so as to enable them to view the programmes which consist of Star T. V. Programmes also. Among others, they will have the benefit of viewing programmes such as B. B. C. , Zee T. V. , m. T. V. , Star Plus, Prime Sports etc. It is also stated in the affidavit that there are about 150 t. V. viewers whose T. V. sets were connected to dish antennas. While so, the 2nd respondent with the help of 3rd respondent visited the premises on 13-9-1993 to dismantle the dish antennas and cut cable wires and throw them into the streets without any authority of law and the Joint Executive officer, Sri Venkat Ramaiah, obtained by force, a letter of undertaking from the 2nd petitioner and one M. Rajendra to the effect that they will remove the dish antennas and that the same have been erected without permission from the Tirumala Tirupathi devasthanam. Questioning the said action this writ petition has been filed on 16-9-1993 for the reliefs mentioned above.

( 4 ) W. P. NO. 13871 of 1993 was admitted on 17-9-1993 and notice was ordered on W. P. MP. No. 17582 of 1993 wherein directions are sought against the respondents from interfering with the relaying of Doordarshan programmes, Star T. V. programmes extracted from the petitioners dish antennas to T. V. viewers through the cable system. Counters and replies have been filed and the same are being contested.

( 5 ) WHILE so, writ petition No. 1032 of 1994 was filed for the same relief with reference to the antenna fixed at House no. 319, Balajinagar, Tirumala by an association said to have been formed on 8-10-1993. The petitioners in writ petition no. 13871 of 1993 are also members of the writ petitioner-Association in Writ Petition no. 1032 of 1994. It is stated in the said writ petition that the Association acquired dish antenna and erected the same on the premises mentioned above and connections were given to its members by means of cabtes to view the programmes such as b. B. C. , Prime Sports, Zee T. V. , D. D. Metro etc. This is being done on a no profit, no loss basis with the object of educating illiterate adults and also development for self help for the national improvement. The 2nd respondent objected for the same and, therefore, the writ petition has been filed questioning the action of the 2nd respondent,

( 6 ) SRI M. Adinarayana Raju filed appearance for the Tirumala Tirupathi devasthanams authorities and also filed a counter in writ Petition No. 13871 of 1993. Reply was also filed and both the matters were directed to be heard together and that is how they have come up before me.

( 7 ) THE learned counsel for the petitioners in both the writ petitions contended that: (1) the authority to object for erection of dish antenna and transmission of the programmes through cables connected to the dish antenna to the viewers, is the director General of Posts and Telegraphs and certainly not respondents 2 and 3; (2) in every place in India these programmes are being transmitted through cable net work to the members or to the genera! public and there is no reason to raise any objection insofar as Tirumala Hills are concerned; (3) the petitioners in both the writ petitions are not using any V. C. R. or transmitting any pictures through V.

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