High Court of KeralaWA/546/2015disposed of

Cable T.V.Operators Association v. State Of Kerala

2015-03-26Honourable Mr.Justice P.N.Ravindran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 WA.No. 546 of 2015 () IN WP(C).4748/2015 ------------------------------------------ AGAINST THE ORDER IN WP(C) 4748/2015 of HIGH COURT OF KERALA DATED 24-02-2015 APPELLANTS/PETITIONERS:

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1. CABLE T.V.OPERATORS ASSOCIATION, REG.NO.W 299/02 REPRESENTED BY THE SECRETARY K.V.RAJAN PANAMPILLY NAGAR, ERNAKULAM.

2. RAJENESH .P.S, S/O.P.G.SUNANDHAN, H.NO.9/848A, ANJANAM PANDIKUDY, KOCHI-682002.

3. K.R.RAJEEV, S/O.K.G.RAVINDRAN, H.NO.19/376, KILIKKOODAYIL HOUSE P.D.ROAD, PALLURUTHY, KOCHI-682006.

4. SURESH KUMAR.P.P, S/O.P.S.PARAMESWARAN, PALLIPRAYIL HOUSE P.O.MADATHUMPADY, THRISSUR-680733.

5. P.ANTONY, S/O.C.D.LONAPPAN, PANJIKKARAN HOUSE, P.O.MADATHUMPADY THRISSUR-680733.

6. VIJAYAKUMAR.B, S/O.BALAKRISHNAN NAIR, KRISHNALAYAM, THENGAMAM.P.O PATHANAMTHITTA-690522.

7. BAIJU.C.A, S/O.ANTONY.C.V, CHIRIYANKANDATH HOUSE, MULLASSERY THRISSUR-680509.

BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT POWER DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

WA.No. 546 of 2015

2. KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY THE SECRETARY(ADMINISTRATION) KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI BHAVAN THIRUVANANTHAPURAM-695001.

3. CHIEF ENGINEER(DISTRIBUTION), KERALA STATE ELECTRICITY BOARD LTD, VAIDYUTHI BHAVAN THIRUVANANTHAPURAM-695001.

4. M/S.RELIANCE JIO INFOCOMM LTD, REPRESENTED BY THE MANAGING DIRECTOR/AUTHORISED OFFICER RELIANCE INDUSTRIES LTD, MARKET CHAMBERS IV NARIMAN POINT, MUMBAI-400021, INDIA.

5. BHARAT SANCHAR NIGAM LTD, REPRESENTED BY THE CHIEF GENERAL MANAGER, TELECOM BHARAT SANCHAR NIGAM LIMITED, KERALA TELECOM CIRCLE PMG JUNCTION, KERALA CIRCLE THIRUVANANTHAPURAM-695033.

R1 BY GOVERNMENT PLEADER SRI DHANESH MATHEW MANJOORAN R2 & R3 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD R4 BY SR.ADV.SRI NAGESWARA RAO R4 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R4 BY ADV. SRI.P.GOPINATH R4 BY ADV. SRI.P.BENNY THOMAS R4 BY ADV. SRI.K.JOHN MATHAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.

-------------------------------------------------- W.A.No.546 OF 2015 -------------------------------------------------- DATED THIS THE 26th DAY OF MARCH, 2015

JUDGMENT

P.N.RAVINDRAN, J .

The appellants are the petitioners in W.P.(C)No.4748 of 2015 and the respondents are the respondents therein. In the writ petition, the appellants challenge Ext.P7 Government order dated 30.1.2015, whereby the State Government permitted the Kerala State Electricity Board Limited to accord permission to the fourth respondent to draw Aerial Optical Fibre Cables through the distribution poles of the Kerala State Electricity Board Limited for the purpose of providing 4G services by collecting rent at the rate to be decided through negotiation for a maximum period of five years as a temporary measure on a nonexclusive basis and subject to the further condition that the period shall not be extended under any circumstance. In the writ petition, the appellants had prayed for an interim order staying further proceedings and action pursuant to Ext.P7 Government order. The learned Single Judge, who admitted the writ petition granted an ex parte interim order on 16.2.2015, for one week. The said interim order was later extended on 20.2.2015 till 24.2.2015, when, after considering the rival

W.A.No.546/15 -2contentions, the learned single Judge vacated the interim orders earlier passed and directed the writ petition to be posted along with connected cases. The writ petitioners have aggrieved thereby filed this writ appeal.

When this appeal came up for hearing today, after arguments were heard at length, Sri Kaleeswaram Raj, learned counsel appearing for the appellants submitted that having regard to the nature of the dispute and the grounds raised, it is desirable that the writ petition itself is finally heard so as to avoid delay and consequential loss to the parties. The learned counsel submitted that, in such circumstances, without pronouncing on the merits of the rival contentions, the writ appeal may be disposed of with a direction to the Registry to post the writ petition before the learned single Judge, so that the appellants can seek an early hearing and disposal of the writ petition, before the learned single Judge. Learned counsel appearing for the respondents did not oppose the said submission.

Such being the situation, it is not necessary for us to go into the merits of the rival contentions. We accordingly dispose of the writ appeal, with a direction to the Registry to post W.P.(C)No.4748 of 2015 along with W.P.(C)No.1970 of 2015 and connected cases before the learned single Judge as per roster, in the petitions list on 06.04.2015.

W.A.No.546/15 -3be open to the parties to move the learned single Judge for expeditious hearing and disposal of the writ petition. Sd/- P.N.RAVINDRAN, JUDGE Sd/- ANIL K.NARENDRAN, JUDGE dsn