High Court of KeralaWP(C)/8991/2012disposed of

India Telecom Infra Ltd v. Kerala State Electricity Board

2015-06-19Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 8991 of 2012 (Y) --------------------------- PETITIONER:

------------------ INDIA TELECOM INFRA LTD., NO. 42/1327 (1), 2ND FLOOR, V.S.ARCADE, POWER HOUSE ROAD, OPP. POWER HOUSE, KACHERIPADI, COCHIN - 682 018 REPRESENTED BY ITS AUTHORISED PEROSN BOBY SEBASTIAN , CIRCLE HEAD.

BY ADV. SRI.P.SATHISAN RESPONDENTS:

----------------------

1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, BOARD SECRETRIAT, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM PIN - 695 001.

2. THE ASSISTANT ENGINEER ELECTRICAL SUB SECTION, RAMAVARMAPURAM, THRISSUR DISTRICT.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 8991/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF GUIDELINES ISSUED BY CENTRAL GOVERNEMNT.

EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY GOVERNMENT OF KERALA. EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 27/5/2009 ISSUED BY KERALA STATE ELECTRICITY BOARD.

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 21/3/2012.

EXHIBIT P5 TRUE COPY OF THE BILL ISSUED BY THE 2ND RESPONDENT DATED 21/3/2012.

EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29/3/2012.

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 29/8/2011 IN WPC NO.23212/2011.

RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 8991 OF 2012 ------------------------------------ Dated this the 19th day of June, 2015

JUDGMENT

Sharing of infrastructure amongst different service providers is in a permissible exercise. It has been so held by the Telephone Regulatory Authority of India. The Kerala State Electricity Board has also adopted the same stand. 2.

But the question is whether the petitioner has complied with the necessary formalities in that regard. The petitioner is free to submit a detailed objection to the invoices impugned. Such objection if filed within one month from today shall be dealt with within two months thereafter. 3.

It is declared that the petitioner shall not be penalised from the date on which the regularisation was made. The date from which the regularisation was made for sharing infrastructure shall be probed. The competent among the respondents shall consider the objection with notice to the petitioner and issue revised invoices.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd