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2005 Supreme(Mad) 819

PRABHA SRIDEVAN, C.NAGAPPAN
P. G. Narayanan – Appellant
Versus
The Union of India, represented by the Secretary, Ministry of Information and Broadcasting, Sastri Bhavan, New Delhi and others – Respondent


Advocates:
N.Jothi, for A.Kandasamy, for Petitioner.
V.T. Gopalan, Additional Solicitor General of India, for J.Ravindran, A.C.G.S.C. for Respondent Nos. 1 to 5.
G.Masilamani, Senior Counsel and R. Vidu- thalai, Senior Counsel for A.V. Bharathi, for Respondent No.6.

Mrs.Prabha Sridevan, J.: A license is applied for and is under the process of being considered. The writ petitioner files what is said to be a “Public Interest Litigation” and prays for a mandamus to reject the application. The question boils down to whether such a prayer can be granted.

2. Mr. N. Jothi, learned counsel appearing for the petitioner would submit that the application of the sixth respondent for the grant of Direct To Home (DTH) License should be rejected since it would violate Arts.38 and 39-C of the Constitution of India, and since the rule of law is not being followed in the processing of the said application, and in view of the presence of the Union Minister for Communications and Information Technology, who is the brother of Mr. Kalanidhi Maran, who is at the helm of the SUN TV Network of Companies, there is every chance of there being undue influence in the processing of the application, the entire process is vitiated by mala fides and bias and since there is imminent danger of the application being considered favourably violating the provisions of the Competition Act, 2002, the petitioner is entitled to maintain a quia timet action. Learned counsel further subm


























































































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