Kerala High Court
All India Digital Cable Federation vs Telecom Regulatory Authority Of India on 24 February, 2023
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 24th day of February 2023 / 5th Phalguna, 1944
WP(C) NO. 193 OF 2023 (Y)
PETITIONERS:
1. ALL INDIA DIGITAL CABLE FEDERATION 236 OKHLA INDUSTRIAL ESTATE PHASE
- III, NEW DELHI - 110020, INDIA REPRESENTED BY ITS SECRETARY
GENERAL, MANOJ PRAKASH CHHANGANI
2. KERALA COMMUNICATORS CABLE LTD. 1ST FLOOR, 142-H1 AM COA BHAVAN,
THOUNDAYIL ROAD, PANAMPILLY NAGAR, ERNAKULAM - 682036, KERALA
REPRESENTED BY ITS MANAGING DIRECTOR MR. SURESH KUMAR P.P.
RESPONDENTS:
1. TELECOM REGULATORY AUTHORITY OF INDIA MAHANAGAR DOORSANCHAR BHAWAN
JAWAHARLAL NEHRU MARG (OLD MINTO ROAD) NEW DELHI - 110002, INDIA
REPRESENTED BY ITS SECRETARY
2. UNION OF INDIA THROUGH SECRETARY MINISTRY OF INFORMATION AND
BROADCASTING DR RAJENDRA PRASAD RD, SHASTRI BHAVAN NEW DELHI, DELHI
110001
3. ADDL.R3. INDIAN BROADCASTING AND DIGITAL FOUNDATION, C-301, THIRD
FLOOR, ANSAL PLAZA, KHELGAON MARG, NEW DELHI 110049 REPRESENTED BY
ITS SECRETARY SHRI. C. RADHAKRISHNAN [IS IMPLEADED AS ADDL.R3 AS PER
ORDER DATED 06.01.2023 IN I.A.1/2023 IN WP(C)193/2023.]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (i) stay operation of amendment to Regulation 7(4) of the
Telecommunication (Broadcasting and Cable) Services Interconnection
(Addressable Systems) Regulations, 2017 introduced by Clause 2 of Exhibit
P1 Telecommunication (Broadcasting and Cable) Services Interconnection
(Addressable Systems) (Fourth Amendment) Regulations, 2022 (2 of 2022) and
further stay Clauses 2 and Clause 3 of the Exhibit P2 Telecommunication
(Broadcasting and Cable) Services (Eighth) (Addressable System) Tariff
(Third Amendment) Order, 2022, dated 22 November 2022 issued by the 1st
Respondent, and (ii) direct the Respondents to maintain status quo,
pending disposal of this Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's order dated
06.01.2023 and 08/02/2023 and upon hearing the arguments of M/S.JAI MOHAN,
M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, KURYAN THOMAS, JOSON MANAVALAN,
RAJA KANNAN & PAULOSE C.ABRAHAM, Advocates for the petitioners,
SRI.JAISANKER V.NAIR, CENTRAL GOVERNMENT COUNSEL for R1 & R2, M/S.ARUN
THOMAS, SAI KRISHNA RAJA GOPAL, SIDHARTH CHOPRA, SENAHA JAIN, MATHEW NEVIN
THOMAS, KURIAN ANTONY MATHEW, RANJEETH SINGH SIDHU, SWIKRITHI SINGHANIA,
KUBER MAHAJAN & AKSHAY AGARWAL, Advocates for R3, the court passed the
following:
WP(C) NO. 193 OF 2023 (Y)
Exhibit P1 - TRUE COPY OF THE TELECOMMUNICATION (BROADCASTING AND
CABLE) SERVICES INTERCONNECTION (ADDRESSABLE SYSTEMS) (FOURTH AMENDMENT)
REGULATIONS, 2022 (2 OF 2022) DATED 22.11.2022 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P2 - TRUE COPY OF TELECOMMUNICATION (BROADCASTING AND CABLE)
SERVICES (EIGHTH) (ADDRESSABLE SYSTEMS) TARIFF (THIRD AMENDMENT) ORDER,
2022 (4 OF 2022) DATED 22.11.2022 ISSUED BY THE 1ST RESPONDENT
SHAJI P. CHALY, J.
---------------------------------------------------------
W.P.(C). No. 193 of 2023
---------------------------------------------------------
Dated this the 24th day of February, 2023.
ORDER
In fact, when this writ petition was heard from 20.02.2023, initially, it was thought that arguments addressed by the respective parties were for the purpose of considering the question of interim relief as is sought for by the petitioners.
2. However, at a later point of time, learned Senior Counsel for the respondents submitted that since the entire gamut of the matter was argued, the writ petition itself can be disposed of finally.
3. Today, the arguments of the learned Senior counsel appearing for the respondents and the third parties are over. At that point of time, learned Senior counsel appearing for the petitioners submitted that since a detailed counter affidavit was filed by the third respondent on the date when the hearing started, a rejoinder is required.
4. In that view of the matter, I think, it is only appropriate that to give a quietus to the whole issue, the learned Senior counsel for the petitioners is granted time for filing rejoinder.
Heard the matter in part. Post the matter on 03.03.2023 for rejoinder and final hearing.
sd/- SHAJI P. CHALY, JUDGE.
Rv 24-02-2023 /True Copy/ Assistant Registrar