The petitioners are before this Court assailing the order dated 16.02.2015 impugned at Annexure-J to the petition.
2. The primary contention in the instant petition is that the order impugned at Annexure-J passed by the Deputy Commissioner is without authority since the competent authority to consider any complaint under the Cable Television Network (Regulation) Act, 1995 is the District Level Monitoring Committee.
3. In that regard, when the instant petition was heard during the earlier dates having taken note of the contention, the learned Government Advocate was requested to secure instruction as to whether such committee has been constituted in Kodagu District. Learned Government Advocate who has secured instructions based on the communication dated 20.03.2017 and the proceedings dated 21.07.2014 would submit that such committee has been constituted.
4. If that be the position, all contentions which have been urged by the petitioners and respondents No.5 and 6 based on the complaint as at Annexure-A filed by respondent No.6 will have to be considered by the committee which has been constituted for the said purpose.
5. If that be the position, considering that the order at Annexure-J is not passed by the competent authority and has been passed by the Deputy Commissioner, the order dated 16.02.2015 which is not sustainable is liable to be quashed. Accordingly, the order dated 16.02.2015 is quashed. Respondent No.1 is directed to place the complaint at Annexure-A before the District Level Monitoring Committee constituted for the said purpose wherein the committee shall issue notice to all the parties and consider the same in accordance with law. All rival contentions in that light are kept open. The petitions stand disposed of. Sd/- JUDGE akc/bms