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2016 Supreme(Mad) 2593

H.G.RAMESH, M.V.MURALIDARAN
Aircel Cellular Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellants : Mr. Gopal Subramaniam, Mr. Satish Parasaran and Mr. R. Parthasarathy.
For the Respondents: Mr. G. Rajagopalan, Additional Solicitor General and Mr. Su. Srinivasan, Assistant Solicitor General.

JUDGMENT :

HULUVADI G. RAMESH, J.

1. While the writ appeals, W.A. Nos. 1454 and 1455 of 2014 have been filed against the order passed by the learned single Judge directing the appellants to comply with the conditions imposed in the order of the respondent; W.P. Nos. 585 to 588 of 2012 have been filed against the imposition of share on Adjusted Gross Revenue (for short 'AGR') even on income earned in relation to non-telecom activities and W.P. Nos. 2165 to 2167 of 2013 have been filed by the petitioners against the levy of One Time Spectrum Charge (for short 'OTSC'). Since all the matters are intertwined with each other, they are taken up together and disposed of by this common judgment.

PRAYER IN W.P. NOS. 585 TO 588 OF 2012 :

2. While W.P. Nos. 585 & 587 of 2012 have been filed by the petitioner to declare the first proviso to Section 4 of the Indian Telegraph Act, 1885 as violative of Articles 14 and 19 (1) (g) of the Constitution alleging that it confers unguided power upon the Dept. of Telecommunications to claim a revenue share in respect of non-telecom activities carried on by the petitioners; W.P. Nos. 586 & 588 of 2012 have been filed for a declaration that the respondents can














































































































































































































































































































































































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