Madras High Court
M/S.Abt Ltd vs Union Of India on 18 August, 2021
W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
and C.M.P.Nos.10777,10843,10808,10826 & 10810 of 2021
M/s.ABT Ltd
Rep. By its Executive Director
M.Hariharasudhan .. Appellant
in all cases
Vs.
1.Union of India
Through the Secretary,
Ministry of Communications and IT
Department of Telecommunications
(Access Service Cell),
Sanchar Bhavan 20, Ashoka Road,
New Delhi – 110 001.
2.The Assistant Director General (LR),
Ministry of Communications,
Department of Telecommunications,
Sanchar Bhavan, 20, Ashoka Road,
New Delhi – 110 001.
3.The Joint Controller of Communication
Accounts (LF),
O/o. PCCA, TN Circle, Chennai – 28
238, RK Mutt Road,
RK Nagar Telephone Exchange,
7th Floor, Mandaveli, Chennai – 28. .. Respondents
in all cases
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W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
Appeals filed under Clause 15 of Letters Patent against the order
dated 26.04.2021 passed in W.M.P.Nos.11018,11023,11015,11026
and 11012 of 2021 in W.P.Nos.10422,10424,10418,10430 and 10414
of 2021.
For Appellant : Mr.Sathish Parasaran,Sr.Counsel
for Mr.Subhang P. Nair
(in all cases)
For Respondents : Mr.R.Sankaranarayanan, ASGI
assisted by
Mr.P.G.Santhosh Kumar for R1
(in all cases)
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
These appeals lie in a very short compass. These appeals are
filed aggrieved over the conditional order passed by the learned Single
Judge while granting stay.
2. Learned Senior Counsel appearing for the appellant contended
that the license fee is only Re.1 per annum at least till 2006. The
appellant is not a Telecom Operator. There is no subscriber for the
appellant. The Apex Court in In Re Mandar Deshpande dated
11.06.2020 has clarified that the levy cannot be sustained to the
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W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
activities similar to Internet Service Provider (ISP). Therefore, the
order requires interference.
3. Learned Additional Solicitor General appearing for the first
respondent submitted that the order of Apex Court will apply to the
case on hand. The appellant has been asked to give a reasonable
amount while granting stay. Since discretion has been exercised, no
interference is required.
4. The issues sought to be raised will have to be decided in the
main writ appeals. Certainly, there are issues to be decided both on
facts and law. Taking into consideration the over all facts of the case,
we are of the view that the conditional order imposed by the learned
Single Judge is obviously onerous. The very case of the appellant is
that it is the pure Internet Service Provider. Therefore, the impugned
demand cannot be sustained.
5. Thus, in the light of the above, particularly taking note of the
fact that the licence fee earlier fixed was very minimum we are inclined
to modify the order passed by the learned Single Judge to Rs.1 crore
to be paid to the respondents, without prejudice to the contentions in
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W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
the appeals, within a period of four weeks from the date of receipt of a
copy of this judgment. On such terms, there shall be an order of
interim stay pending disposal of the writ petition. We believe, deposit
of money would not benefit any one and in any case it can be ordered
to be returned, in the event of the writ petition being allowed.
6. The writ appeals stand disposed of. No costs. Consequently,
connected miscellaneous petitions are closed.
7. Considering the issues involved, we are request the learned
Single Judge dealing with the Roster to make an endeavour to dispose
of the writ petitions on or before 27.10.2021.
(M.M.S., J.) (S.K., J.)
18.08.2021
Index:Yes/No
mmi/ssm
To
1.The Secretary,
Union of India
Ministry of Communications and IT Department of
Telecommunications (Access Service Cell),
Sanchar Bhavan 20, Ashoka Road,
New Delhi – 110 001.
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W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
2.The Assistant Director General (LR),
Ministry of Communications,
Department of Telecommunications,
Sanchar Bhavan, 20, Ashoka Road,
New Delhi – 110 001.
3.The Joint Controller of Communication Accounts (LF),
O/o. PCCA, TN Circle, Chennai – 28
238, RK Mutt Road,
RK Nagar Telephone Exchange,
7th Floor, Mandaveli, Chennai – 28.
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W.A.Nos.1689,1699,1700,1715 & 1721 of 2021
M.M.SUNDRESH,J.
and
S.KANNAMMAL,J.
mmi
W.A.Nos.1689,1699,
1700,1715 & 1721 of 2021
18.08.2021
https://www.mhc.tn.gov.in/judis/
