IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 19201 of 2009(U) -------------------------- PETITIONER(S): ----------------- ASIANET SATELLITE COMMUNICATIONS LTD., KARIMPANAL ARCADE, EAST FORT, THIRUVANANTHAPURAM REP.BY ITS EXECUTIVE (LEGAL) MR.ALEX JOSE PAIKKADA. BY ADV. SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT(S): ------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, DISTRIBUTION NORTH, KSE BOARD, KOZHIKODE. 3. THE EXECUTIVE ENGINEER, KSEB ELECTRICAL DIVISION, KANNUR. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19201/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE AGREEMENT NO.8/CTV/2006-07 DT 23.6.06 EXECUTED BETWEEN THE PETITIONER AND KSE BOARD. EXT.P2: TRUE COPY OF THE AGREEMENT NO.25/CTV/2006-07 DT 4.8.06 EXECUTED BETWEEN THE PETITIONER AND KSE BOARD. EXT.P3: TRUE COPY OF THE AGREEMENT NO.68/CTV/2006-07 DT 29.12.06 EXECUTED BETWEEN THE PETITIONER AND KSE BOARD. EXT.P4: TRUE COPY OF THE LETTER DT 8.5.09 SENT BY THIRD RESPODNENT TO THE PETITIONER. EXT.P5: TRUE COPY OF the ORDER OF THE 3RD RESPODNENT DT 11.6.2009. EXT.P6: TRUE COPIES OF THE RECEIPTS EVIDENCING PAYMENT OF POLE RENTAL WITH INTEREST FROM 10.3.09. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19201 OF 2009 (U) ===================== Dated this the 28th day of August, 2009 J U D G M E N T Heard both sides. 2. Exts.P1 to P3 are the agreements that were entered into between the petitioner and the 3rd respondent for drawing cables through the electrical posts erected by the 3rd respondent. Clause 16 of the agreement provides that the pole rental and the security deposit shall be paid by the lessee before the 10th of every month and Clause 17 provides for levy of interest at the rate of 24% in case default is committed. However, a reading of Cause 17 shows that the lessee has three months time to pay the lease rental along with interest, in which event only, agreement can become null and void as provided in Clause 13. By Ext.P4, petitioner was informed that if payment is not made in time, the agreement will be terminated. 3. Going by these documents, what is seen is that the due date was 10/6/09, and on 11/6/09, by Ext.P5, the agreement was terminated for non payment. It was challenging Ext.P5, the writ petition is filed. A reading of Ext.P5 shows that the only WPC 19201/09 :2 : reason stated is the non payment of the dues as demanded in Ext.P4. 4. When the case came up for admission on 9/7/09, this Court granted stay of Ext.P5 on condition that the amount due from the petitioner as pole rental for the year 2009-2010 as demanded in Ext.P4 along with interest from 10/6/09 is paid forthwith. Along with IA 10973/09, petitioner has produced receipts evidencing payment of the amount in compliance with the interim order. Now that the petitioner has made payment as above, in my view, there is no reason to sustain Ext.P5 any more. 5. Therefore, I quash Ext.P5. However, it is clarified that if any amount is due from the petitioner towards additional security amount or other dues, it will be open to the respondents to demand payment and if payment is made as above, it shall be the obligation of the petitioner to clear the arrears forthwith. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp