IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 32881 of 2009(E) -------------------------- PETITIONER(S): --------------- K.P.VISWANATHAN, 'V' VISION CABLE TV NET WORK, GANDHI NAGAR, KODAKARA P.O., THRISSUR DISTRICT. BY ADV. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN RESPONDENT(S): --------------- 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, IRINJALAKUDA. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, CHALAKUDY. 3. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, KODAKARA. 4. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, VELLIKULANGARA. 5. THE HEAD POSTMASTER, CHALAKUDY HEAD POST OFFICE, CHALAKUDY. 6. KODAKARA CABLE VISION, PANTHALLOOKARAN BUILDING, KODAKARA P.O., TRICHUR DISTRICT, REPRESENTED BY ITS PARTNER K.K.NARAYANAN, RESIDING AT KANJIRAPARAMBIL HOUSE, P.O.KODAKARA. Addl. 7. AJO.T.G., S/O.THEKKETHALA GEORGE, GANDHI NAGAR, KODAKARA VILLAGE, THRISSUE DISTRICT. (ADDL.R7 IS IMPLEADED AS PER ORDER IN I.A.NO.15371 OF 2009 DATED 8.1.2010) BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 4 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R5 SRI.T.N.MANOJ FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, ALONG WITH W.P(C) NO. 33581 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32881 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 10.6.2009. EXT.P2: TRUE COPY OF THE ORDER DATED 26.10.1999. EXT.P3: TRUE COPY OF THE ORDER DATED 5.6.2001. EXT.P4: TRUE COPY OF THE LIST SHOWING POSTS DETAIL. EXT.P5: TRUE COPY OF THE ORDER DATED NIL. EXT.P6: TRUE COPY OF THE LIST SHOWING POSTS DETAIL. EXT.P7: TRUE COPY OF THE COMMUNICATION DATED 30.7.2008. EXT.P8: TRUE COPY OF THE LIST OF POSTS DETAIL. EXT.P9: TRUE COPY OF THE COMMUNICATION DATED 16.3.2009. EXT.P10: TRUE COPY OF THE PAYMENT OF RECEIPT. EXT.P11: TRUE COPY OF THE BANK GUARANTEE FOR AN AMOUNT OF Rs.44,000/-. EXT.P12: TRUE COPY OF THE OBJECTION BY THE PETITONER BEFORE THE RESPONDENT. EXT.P13: TRUE COPY OF THE NOTICE DATED 4.11.2009. EXT.P14: TRUE COPY OF THE WRITTEN SUBMISSIONS SUBMITTED BY THE PETITIONER, THE 6TH RESPONDENT AND THE AREA MANAGER OF ASSISTANT BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R7(a): TRUE COPY OF THE RECEIPT EVIDENCING RECEIPT OF SUBSCRIPTION BY [V] VISION CABLE TV NET WORK FROM HALO GENTS BEAUTY PARLOR. EXT.R7(b): TRUE COPY OF THE RECEIPT EVIDENCING RECEIPT OF SUBSCRIPTION BY ASIANET SATELLITE COMMUNICATIONS LTD. // TRUE COPY // P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C)Nos.32881 & 33581 of 2009 ----------------------------------------- Dated 17th June, 2010 JUDGMENT The petitioners in these writ petitions are Cable T.V. Operators. The petitioner in W.P.(C)No.32881 of 2009 has entered into an agreement with the Kerala State Electricity Board to draw cable T.V. lines through electric posts belonging to the Kerala State Electricity Board. Such permission is evidenced by Exts.P2 to P8 produced in W.P.(C)No.32881 of 2009. However, the petitioner in that writ petition drew cable T.V. lines through certain other posts also for which there was no authorisation from the Kerala State Electricity Board. It appears, in the meanwhile, during October, 2009 the petitioner in W.P.(C)No.33581 of 2009 unauthorisedly drew cable T.V. lines through certain posts including the posts through which the petitioner in W.P.(C)No.32881 of 2009 had also illegally drawn cable T.V. lines. The petitioner in W.P.(C)No.33581 of 2009 thereafter submitted an application dated 26.10.2009 for permission to draw cable T.V. lines through electric posts. The Board thereupon issued Ext.P3 notice to him calling upon him to remove the cable T.V. lines unauthorisedly drawn by him. W.P.(C) No.33581 of 2009 was thereupon filed challenging Ext.P3 and seeking a direction to the competent authority to consider his request for permission to WP(C).Nos.32881 & 33581/2009 2 draw cable T.V. lines through electric posts. The prayer in W.P.(C)No.32881 of 2009 is to prevent the petitioner in W.P.(C)No.33581 of 2009 from drawing cable T.V. lines through the posts allotted to him. 2. When the writ petitions came up for hearing on 7.12.2009, a learned single Judge of this Court passed the following order: “W.P.(C)No.32881/2009 is filed by a Cable T.V. Operator who has an agreement with the Kerala State Electricity Board for permission to draw Cable T.V. lines through the electric posts belonging to the Kerala State Electricity Board. He wants the Electricity Board to take action against the petitioner in the other writ petition to remove the cables drawn without permission. W.P.(C) No.33581/2009 is filed by a person who does not have such permission but has drawn Cable T.V. lines through the electricity posts, seeking a direction to the Board to consider his claim in that regard. 2. The learned standing counsel for the Kerala State Electricity Board submits that the petitioner in W.P. (C)No.33581/2009 has drawn cable lines without authorisation from the Board and that the petitioner in the other writ petition has also drawn Cable T.V. lines through some electricity posts, which are not covered by the agreement executed by him. In the above circumstances, the Electricity Board shall take appropriate action to remove the Cable T.V. lines of both petitioners from the electricity posts which have been drawn without authorisation from the Electricity Board, if necessary, with the police help, within two weeks. In this connection, I record the submission of the counsel for the petitioner in W.P.(C)No.33581/2009 that he would remove the cable lines from the electricity posts by himself. If he does not do so, the Electricity Board shall forcibly remove the cable lines from the posts. Post after two weeks.” WP(C).Nos.32881 & 33581/2009 3 3. By the said order, this Court directed that the cable T.V. lines unauthorisedly drawn by the petitioners shall be removed by them and if they do not do it, the Kerala State Electricity Board shall remove them. As regards W.P.(C)No.32881 of 2009, the direction was to remove the cable T.V. lines which are not covered by the agreement executed by them. The Board has filed an affidavit in W.P.(C)No.33581 of 2009 stating that the cable T.V. lines unauthorisedly drawn by the petitioners have been removed pursuant to the orders of this Court. However, the petitioner in W.P.(C) No.33581 of 2009 has filed a reply affidavit pointing out that the cable T.V. lines unauthorisedly drawn by the petitioner in W.P.(C)No.32881 of 2009 have not been fully removed. Reference is also made to the posts through which the petitioner in W.P.(C)No.32881 of 2009 has unauthorisedly drawn Cable TV lines, in Ext.P7 produced along with the reply affidavit. 4. When the writ petitions were heard today, Sri.M.R.Anison, learned counsel for the petitioner in W.P.(C)No.32881 of 2009 submitted that as far as the petitioner therein is concerned, the original petition has become infructuous in view of the fact that the 6th respondent therein who is the petitioner in W.P.(C)No.33581 of 2009 has been directed to remove and has removed the cable T.V. lines unauthorisedly drawn by him through the posts allotted to the petitioner and therefore W.P.(C)No.32881 of 2009 may be closed as infructuous. Per contra, Sri.T.N.Manoj, learned counsel for the WP(C).Nos.32881 & 33581/2009 4 petitioner in W.P.(C)No.33581 of 2009 submitted that, as a matter of fact, the cable T.V. lines unauthorisedly drawn by the petitioner in W.P.(C) No.32881 of 2009 are even now in existence and that the said petitioner or the Kerala State Electricity Board have not dismantled the cable T.V. lines illegally drawn by the petitioner in W.P.(C)No.32881 of 2009 through the posts mentioned in Ext.P7. Sri.C.K.Karunakaran, learned standing counsel appearing for the Kerala State Electricity Board submitted that the interim order passed on 7.12.2009 has been complied with in full and that the posts referred to in Ext.P7 are posts which are not licenced to anybody and that no authorised lines have been drawn through the said posts. 5. I have considered the rival submissions made at the Bar by the learned counsel on either side. In view of the submission made by Sri.M.R.Anison that W.P.(C)No.32881 of 2009 has become infructuous consequent on the petitioner in W.P.(C)No.33581 of 2009 removing the unauthorised cable T.V. lines drawn by him, W.P.(C)No.32881 of 2009 is dismissed as infructuous. As regards W.P.(C)No.33581 of 2009, in view of the limited grievance now projected by the learned counsel for the petitioner, I dispose of the said writ petition with a direction to the Kerala State Electricity Board to inspect the posts mentioned in Ext.P7 and to ascertain whether the petitioner in W.P.(C)No.32881 of 2009 or any other Cable T.V. Operator has drawn cable T.V. lines unauthorisedly through the said posts WP(C).Nos.32881 & 33581/2009 5 and if it is found that cable T.V. lines have been unauthorisedly drawn through the said posts, the Board shall take steps to remove them within one month from the date of receipt of a certified copy of this judgment. It will be open to the Kerala State Electricity Board to levy penal charges from the Cable T.V. Operators who have unauthorisedly drawn cable T.V. lines through the electric posts mentioned in Ext.P7. As regards the applications submitted by the petitioners in the respective writ petitions, it will be open to the Kerala State Electricity Board to take an appropriate decision in the matter having regard to the relevant orders governing the field. P.N.RAVINDRAN Judge TKS