IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36568 of 2009(M) -------------------------- PETITIONER(S): --------------- 1. JOSHY THOMAS, AGED 32 YEARS, S/O LATE THOMAS, THOMSON CABLE VISION, PALLISSERY HOUSE, KUTTICHIRA P.O., CHALAKUDY. 2. MANOJ, M VISION CABLE NETWORK, PERAMBRA. 3. JINTO GEORGE, PAPPAS CABLE VISION, ANNANAD, CHALAKUDY. 4. JOHNY SIMETHY, GRACE GARDEN CABLE NETWORK, ANNANAD P.O., KADUKUTTY. 5. BIJU.K.O.,KCV CABLE NETWORK, KARAKKADA HOUSE, KUTTIKKAD, CHALAKUDY. 6. CEENOKANDATHIL, ORUKKAM CABLE VISION, MANIKOT HOUSE, POOLANY. 7. JOSHY.I.K., PUSHPAM CABLE VISION, POOVATHUSSERY, ANNAMANADA. 8. BAIJU.K.V., KCV NETWORK, KOONAMMAVU HOUSE, KUTTICHIRA P.O., CHALAKUDY. 9. SUBASH, NAYANA CABLE VISION, AVINISSERY P.O., OLLUR. 10. BABU ANTONY, ALLIANCE CABLE NETWORK, VAKATHANATH HOUSE, GANDHIGI ROAD, CHIYYARAM, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, IRINJALAKUDA. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, CHALAKUDY. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36568 of 2009 ================== Dated this the 17th day of December, 2009 J U D G M E N T The petitioners are cable TV operators. They submit that they have an agreement with the Kerala State Electricity Board for drawing cables through electricity posts belonging to the Board, the details of which are specifically mentioned in the agreement. But they have drawn cables through other posts not covered by the agreement also without permission. For regularisation of such drawing of cables unauthorizedly, they have filed Ext.P4 petition before the respondents. They seek a direction to the respondents to consider and pass orders on the same. They also seek stay of forcible removal of the cables from the electricity posts. 2. This is opposed by the learned standing counsel appearing for the Kerala State Electricity Board. According to him, the petitioners had no business to use the electricity posts for drawing cable lines without permission from the Electricity Board. They are bound to remove the unauthorised cables from the electricity posts, is his contention. 3. I have considered the rival contentions in detail. 4. I am of opinion that private parties cannot be allowed to draw cable TV lines through the electricity posts unauthorizedly. In this 2 case, the petitioners themselves have admitted that they had in fact drawn cable TV lines through the electricity posts unauthorizedly. Therefore, I am of opinion that unless and until they remove the same, they are not entitled for consideration of their representation in respect of the same. In such circumstances, the counsel for the petitioners seeks one-and-a-half month's time to remove the cables unauthorizedly drawn. This is also opposed by the learned Standing Counsel for the Kerala State Electricity Board. 5. Taking into account the facts and circumstances of the case, I direct the respondents to give the petitioners two weeks' time to remove the cable TV lines unauthorizedly drawn through the electricity posts. If the petitioners so remove the cable lines, it would be open to the respondents to consider their request in accordance with law. Needless to say, if the petitioners do not remove the cables within two weeks, it would be open to the respondents to forcibly remove the same at the cost of the petitioners. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3