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. 11816 of 2008(F) ---------------------------------------- PETITIONERS: ----------------------- 1. SEBASTIAN.T.P., S/O.P.S.THOMAS, TWO STAR VISION, KHADEEJA MOOSA MEMORIAL SHOPPING COMPLEX, ROOM NO. 10/514, ERNAKULAM. 2. THOMAS JOHN, SPACE NET, 9/244, MYITHRAM, CHERTHALA. 3. SHERIFF, S/O.MOHAMMED, PROMPT VISION, THURAVOOR, PATTANAKKAD. BY ADV. SRI.RENJITH THAMPAN SMT.P.R.REENA RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHERTHALA, ALAPPUZHA DT. 3. ASSISTANT EXECUTIVE OFFICER, ELECTRICAL SECTION, KUTHIATHODU, ALAPPUZHA DT. 4. ASSISTANT EXECUTIVE OFFICER, ELECTRICAL SECTION, AROOR, ALAPPUZHA DT. 5. ASSISTANT EXECUTIVE OFFICER, ELECTRICAL SECTION, PATTANAKKAD, ALAPPUZHA DT. BY 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: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.11816 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. JUDGMENT 1.The petitioners, admittedly, are putting to use certain poles of the Electricity Board for stringing cables of the petitioners for cable TV operations. They do not have any written agreement with the Electricity Board. In the wake of innumerable controversies arising in the scenario of private cable TV operators, certain guidelines are stated to be in force. Now the Electricity Board has decided to impose a demand essentially curative in nature, in the sense, that on payment of such amounts, the illegal action could be regularized and there could be a contractual transaction between the Board and the Cable TV Operators. The petitioners are aggrieved by the rate fixed by the Board for such WP(C)11816/2008 -: 2 :- regularization. 2.I am clear in my mind that it is not within the province of this Court to sit in judicial review on the commercial wisdom of the Electricity Board, particularly when it relates to matters which are neither statutory in terms of the Electricity Act, 2003 and nor beyond the pale of the State's obligations under its sovereign powers. 3.Be that as it may, having regard to the rate at which amounts are demanded and because in a similar matter, Ext.P4 interim order has been granted by this Court, this writ petition is disposed of directing that if the petitioners apply before the competent officer of the Electricity Board for hearing on the issue, that shall be done and a decision communicated within an outer limit of 45 days from the date of receipt of a copy of this judgment and until then, the existing cables drawn by the WP(C)11816/2008 -: 3 :- petitioners shall not be dismantled, if they provisionally pay 50% of the penalty demanded. The petitioners shall not, without the express sanction of the Board authorities, draw any further line. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090408