IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 29767 of 2009(M) PETITIONER(S): 1. BHAGAVATI RAJAN, AGED 36 YEARS, S/O. PAKKIRI SWAMY, PROPRIETOR, PRIME SAT VISION, THEKKADI JUNCTION, KUMALI, IDUKKI DISTRICT. 2. SHIJU V.R.,PROPRIETOR,SAHYA CABLE COMMUNICATIONS,ANAKKARA, KUMALI. 3. JOSHY PHILIP, PROPRIETOR, ASIASAT SATELLITE NETWORK, NEDUMKANDAM, IDUKKI. 4. ALEX MATHEW,PROPRIETOR, SHONE O VISION, NEDUMKANDAM, IDUKKI. 5. G.K.RAJASEKHARAN,SURABHI CABLE NETWORK,PAMPADUMPARAM,IDUKKI DIST. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): 1. THE EXECUTIVE ENGINEER, K.S.E.B. DIVISION OFFICE, KATTAPPANA, IDUKKI DISTRICT. 2. EXECUTIVE ENGINEER,ELECTRICAL DIVISION OFFICE, PEERUMEDU. 3. DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA, IDUKKI DISTRICT. 4. CIRCLE INSPECTOR OF POLICE, KUMALI. 5. CIRCLE INSPECTOR OF POLICE, KATTAPPANA. 6. CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM. 7. SUB INSPECTOR OF POLICE, VANDANMEDU. 8. ANILKUMAR, S.L.V.CABLE COMMUNICATION, VANDIPERIYAR. 9. N.A.VINODKUMAR, THEKKADI VISION, 1ST MILE, KUMALI. 10. SHIBU MATTAPPALLY, THEKKADI VISION, 1ST MILE, KUMALI. 11. SIDDIQUE KOLLAMPARAMBIL,THEKKADI VISION, 1ST MILE, KUMALI. ADV. SRI.P.P.THAJUDEEN, STANDING COUNSEL, K.S.E.B - R1,R2 SRI.S.SHANAVAS KHAN - R8 TO R11 GOVT.PLEADER SRI.T.K.VIPINDAS-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.29767 OF 2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of agreement executed by the1st petitioner with the Electricity Board dated 17.04.2009. Ext.P2: True copy of the sanction order issued to the 2nd petitioner by the Electricity Board dated 04.03.2004. Ext.P2(a): True copy of the sanction orders issued to the 2nd petitioner by the Electricity Board dated 25.03.04. Ext.P3: True copy of the proceedings of the Electrical Inspector as regards the 3rd petitioner dated 16.6.08. Ext.P3(a): True copy of the proceedings of the Electrical Inspector as regards the 4th petitioner dated 16.6.08. Ext.P3(b): True copy of the proceedings of the Electrical Inspector as regards the 5th petitioner dated 09.09.09. Ext.P4: True copy of the order of the Electricity Board dated 05.11.2005. Ext.P5: True copy of the complaint filed by the petitioners dated 10.10.09. Ext.P5(a): True copy of the receipt issued by the 3rd respondent dated 15.10.09. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 29767 OF 2009 --------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition has been filed with the following prayer:- I. Issue a writ in the nature of mandamus commanding the respondents 3 to 7 to afford adequate and effective police protection to the petitioners for the maintenance of the cables drawn by the petitioner and also to prevent the respondents 8 to 11 from drawing cables through the electric poles allotted to the petitioners by the KSEB. 2. There will be a direction to respondents 1 and 2 to ensure that the cables drawn through electric poles are duly authorised. In the event of any unauthorised cable being noticed, the same shall be brought to the notice of the 3rd respondent in which case, the 3rd respondent will take appropriate action as requested by respondents 1 and 2. There will be a direction to the police to see that the cables drawn by any party as duly authorised by respondents 1 and 2 are not damaged anybody else. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc W.P.(C) NO. 2