Miryalaguda Cable Operators Welfare Association v. State of Andhra Pradesh and two others

This writ petition is filed for a Mandamus to declare the inaction of respondent No.2 in acting on the petitioner’s complaint dated

17.08.2009 against respondent No.3 as illegal land arbitrary. I have heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, and perused the record. The petitioner claims to be a welfare association of cable operators of Miryalaguda Town and Mandal. According to the petitioner, respondent No.3, who started business in the name and style of Siva Sai Ravi Teja Communications Cable TV Network in Miryalaguda Town, committed crime of piracy of Gemini, Teja and Zee Telugu channels, over which the petitioner association alone has right to release signals for telecast. The petitioner alleged that it has lodged a complaint on 17.08.2009, which was acknowledged by respondent No.2 on 18.08.2009, and that no action was taken thereon in spite of subsequent reminders made by the petitioner association. After hearing the learned counsel for the petitioner, I am of the opinion that the petitioner has effective remedies provided under the provisions of the Code of Criminal Procedure, 1973 (for short “the Code”). If respondent No.2 has not taken action, under Section 154 (3) of the Code the petitioner is entitled to approach the Superintendent of Police concerned with the complaint and even if such measure does not yield any result, it is entitled to file a private complaint before the jurisdictional Magistrate under Sections 190 read with 200 of the Code (Aleque Padamsee and others v. Union of India and others[1] and Sakiri Vasu v. State of U.P[2]). For the above mentioned reasons, this writ petition is wholly misconceived and the same is, accordingly, dismissed. As a sequel to dismissal of main petition, WPMP No.7999 of 2010 filed by the petitioner for interim relief is disposed of as C.V.NAGARJUNA REDDY, J infructuous. Dated 19th March, 2010