IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 37680 of 2008(I) --------------------------------------------- PETITIONER(S): --------------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P) LTD 36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE, SHENOY ROAD, COCHIN - 682 017, REPRESENTED BY ASSISTANT MANAGER (LEGAL & ACQUISITION) MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KANNUR DISTRICT. 3. ASSISTANT ENGINEER, K.S.E.BOARD, ELECTRICAL DIVISION, KADACHIRA, KANNUR DISTRICT. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 37680 OF 2008 I -------------------------------------- Dated this the 21st January, 2009 JUDGMENT Petitioner claims to be a service provider which is granting infrastructure to various mobile operators. It is the case of the petitioner that initially the petitioner was providing service to only one operator. Other operators approached the petitioner for site sharing. Petitioner submitted application for additional connected load. Ext.P4 is the reply given by the third respondent Assistant Engineer. Thereunder, the petitioner was asked to submit certain details. They included an undertaking that the petitioner will take separate connection if any other telecom services use the infrastructure for their communication. Aggrieved by the Condition, petitioner has filed Ext.P5 reply to the letter. Petitioner challenges the condition in Ext.P4. Learned counsel for the petitioner would submit that a decision may be taken on Ext.P5 by the third respondent. The Writ Petition is disposed of directing the third respondent to consider WPC.37680/08 I 2 and take a decision on Ext.P5 in accordance with law within a period of one month from the date of receipt of a copy of this Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge