IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 35204 of 2008(N) -------------------------- PETITIONER(S): ------------------ S & R CABLE VISION, MALSYAPURI P.O. KOCHI, REPRESENTED BY SANU T.R. MANAGING PARTNER, AGED 35 YEARS, S/O. RAVINDRAN. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): -------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, ERNAKULAM. 3. ASSISTANT ENGINEER, ELETRICAL SECTION OFFICE, THEVARA. 4. THADEVOOS, S/O.JOSEPH, VATHURUTHY CABLE VISION,MALSYAPURI P.O. VATHURUTHY. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35204/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE BOARD NO.B.O(FM) NO.2138/2008(DPC II/CTV COMPLAINT-4/(2008). EXT.P2: TRUE COPY OF APPLICATION DTD. 25.9.2008 THE PRESCRIBED FORMAT, AS WELL AS ROUTE MAP. EXT.P3: TRUE COPY OF APPLICATION FILED BEFORE THE 2ND RESPONDENT ALONG WITH THE CKNOWLEDGEMENT. EXT.P4: TRUE COPY OF THE RECEIPT FROM THE BOARD DT 25.9.2008. EXT.P5: TRUE COPY OF THE LETTER DT 13.3.09 ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 35204 OF 2008 (N) ===================== Dated this the 7th day of July, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the respondents to consider Ext.P2 and regularize the cables drawn by the petitioner through 31 poles belonging to the respondent Board. 2. According to the petitioner, by Ext.P3, they sought permission to draw cables through the 28 posts specified in the said communication. No response was forthcoming from the Board, but however, the petitioner proceeded to draw the cables. Subsequently, the Board issued Ext.P1 order dated 29/8/2008 permitting regularisation of such cables, subject to the following conditions. (i) regularize all unauthorized Cable TV connections with effect from the date of payment of 3 times the floor rate fixed by the Board from the date of unauthorized connection. (ii) The cut-off date for regularizing the unauthorized connection is fixed as 30.09.2008. (iii) The Executive Engineers of Electrical Division should give proper intimation and publicity through media regarding this and to dismantle with effect from 1.10.2008 all unauthorized connections, which has not been regularized as per this order. WPC 35204/08 :2 : 3. Petitioner submits that they made Ext.P2 application for the benefit of Ext.P1 and to regularize the cables drawn through the 31 poles mentioned therein. Response was not forthcoming and on the other hand, Ext.P5 was issued requiring them to remove the cables. It is in these circumstances, the writ petition is filed. 4. A reading of the conditions imposed in Ext.P1 itself show that regularisation is permitted only from the date of payment of 3 times the floor rate fixed by the Board. In Ext.P2, apart from making a mere application, petitioner did not remit the amount as specified in Ext.P1. If that be so, the application itself is defective and the refusal of the Board in ordering regularisation of the cables drawn by the petitioner cannot be faulted. If so, Ext.P5 communication referred to above requiring the petitioner to remove the cables also cannot be faulted. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp