IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11555 of 2008(A) -------------------------------------- PETITIONER: ------------------ 1. CABLE TV OPERATORS' ASSOCIATION, CHERTHALA ZONE, CHERTHALA, ALAPPUZHA DISTRICT. 2. THE SECRETARY, REPRESENTING CABLE TV OPERATORS' ASSOCIATION, CHERTHALA ZONE, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENTS: ---------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695 004. 3. THE CHIEF ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN-688 001. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. R4 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN R1 TO R3 BY ADV. SRI. P.P. THAJUDEEN, SC KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.11555 of 2008 ================================== Dated this the 8th day of April, 2008. JUDGMENT Petitioners, an association of cable TV operators and its Secretary seek to espouse the cause of their members. It is alleged that there has been exorbitant increase in the rental of Electricity Board poles for stringing the cables of the cable TV operators. Guidelines are available governing the situation. Barring that, the matter is entirely within the realm of non-statutory contracts falling beyond the power of sovereign function. At any rate, it is not for this Court to sit on and substitute its wisdom to decide as to what shall be the rental rate for the poles and the facility, that too, when parties are bound by the written contracts with escalation clause and provision for resolution of dispute. At any rate, even those remedies are available to individual WPC11555/2008 -:2:- operators and in such matters, collective exercise by the association does not really lie. Under such circumstances, this writ petition is closed without prejudice to the right, if any of the petitioners, to prosecute Ext.P4 representation. Thottathil B.Radhakrishnan, Judge. sl. 8-4-2008