IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 25769 of 2006(P) -------------------------- PETITIONER(S): --------------- SUNNY THOMAS, S/O.THOMMAN THOMAS, CHITTOOKALAM HOUSE, KUMARAKAM SOUTH POST, KUMARAKAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------- 1. HEAD POST MASTER, HEAD POST OFFICE, VAIKOM, KOTTAYAM DISTRICT. 2. THE SUPERINTENDENT OF HEAD POST OFFICE, KOTTAYAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 51 DATED 16.4.2005 ISSUED TO PETITIONER FROM THE OFFICE OF FIRST RESPONDENT. EXT.P2 TRUE COPY OF PETITIONER'S LETTER DATED 22.8.2006 SUBMITTED TO FIRST RESPONDENT REQUESTING TO RENEW EXT.P1 REGISTRATION CERTIFICATE. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25769 OF 2006 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT The prayer in the Writ Petition is for direction to the respondents to renew the licence granted for operation of Cable TV network. According to the petitioner renewal was held up because of civil suit between the petitioner and his brother. Civil Court appears to have settled the matter by decreeing the suit in favour of the petitioner. Standing counsel for the respondents submitted that licence stands cancelled after 25.3.2006 for the reason that application for renewal was not filed in time. However, strangely the Licensing Authority has not taken steps for dismantling the line to ensure that Cable TV network is not operated without licence. In other words, it encouraged operation without licence. I am of the view that the stand of the respondents is against the interests of the Government which they are supposed to protect. In the circumstances, W.P. is disposed of directing the respondents to permit the petitioner to operate Cable TV network on petitioner paying licence fee with fine for the entire period., 2 if the petitioner is otherwise operating as of now, within two months from now, and on complying with other formalities, including payments of current and future dues.. (C.N. RAMACHANDRAN NAIR) Judge kk 3