Kerala High Court
M/S.Kollam Cables Private Limited vs The Union Of India on 29 May, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 22ND DAY OF JULY 2014/31ST ASHADHA, 1936
WP(C).NO. 18759 OF 2014 (T)
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PETITIONERS:
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1. M/S.KOLLAM CABLES PRIVATE LIMITED,
N.J ARCADE, NEAR FOREST OFFICE, CHINNAKADA,
KOLLAM-691 001, REPRESENTED BY ITS CHAIRMAN,
BANI BALAKRISHNAN.
2. T.N.BHASKARAN NAIR,
CHAIRMAN, CONSUMER VIGILANCE CELL, REG.NO.Q 1/2005,
`SREELEKSHMI', THEVALLY P.O., KOLLAM-691 009.
BY ADVS.SRI.S.SANTHOSH KUMAR,
SMT.P. LISSY JOSE.
RESPONDENTS:
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1. THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF INFORMATION & BROADCASTING,
SASTRI BHAWAN, RAJENDRA PRASAD ROAD,
NEW DELHI-110 001.
2. TELECOM REGULATORY AUTHORITY OF INDIA (TRAI),
MAHA NAGAR, DOORSANCHAR BHAWAN, JAWAHARLAL NEHRU MARG,
NEW DELHI-110 002, REPRESENTED BY ITS CHAIRMAN.
3. BUREAU OF INDIAN STANDARDS,
MANAK BHAWAN, 9, BAHARDURSHA ZAFAR MARG,
NEW DELHI -110 002, REPRESENTED BY ITS DIRECTOR GENERAL.
4. BROADCAST ENGINEERING CONSULTANTS INDIA LTD.,
C-56, A/17, SECTOR 62, NOIDA,
UTTARPRADESH-201 301, REPRESENTED BY ITS MANAGING DIRECTOR.
R1 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA,
R3 BY SRI.MANOJ RAMASWAMY, S.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22-07-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.P.(C).NO.18759/2014 - T:
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: TRUE COPY OF REGISTRATION CERTIFICATE DATED 29.5.2013 ISSUED
BY THE HEAD POSTMASTER, KOLLAM.
EXHIBIT P1(A):TRUE COPY OF REGISTRATION CERTIFICATE DATED 5.1.2005 ISSUED
BY THE REGISTRAR OF SOCIETIES, KOLLAM.
EXHIBIT P2: TRUE COPY OF LETTER DATED 1.4.2014 OF THE 2ND PETITIONER
UNDER R.T.IACT AND THE REPLY DATED 29.4.2014 OF THE 1ST
RESPONDENT.
EXHIBIT P3: TRUE COPY OF REPRESENTATION DATED 26.6.2014 SUBMITTED BY
THE 1ST PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P4: TRUE COPY OF REPRESENTATION DATED 16.6.2014 SUBMITTED BY
THE 2ND PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P4(A):TRUE COPY OF REPRESENTATION DATED 16.6.2014 SUBMITTED BY
THE 2ND PETITIONER TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
A.MUHAMED MUSTAQUE, J.
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WP(C).No.18759 of 2014-T.
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Dated this the 22nd day of July, 2014.
J U D G M E N T
The first petitioner is a company incorporated under the Companies Act, 1956. The second petitioner is the Chairman of Consumer Vigilance Cell claims to be a registered society registered under the Travancore Cochin Literary, Scientific and Cultural Societies Act, 1946 engaged in protecting the interest of the consumers of cable TV network. They are aggrieved by the delay on the part of respondents 1 and 2 in taking decision on the inter- operatability/portability of Set Top Box (STB) used in Digital Addressable Cable TV System (DAS). The first petitioner is providing cable TV in an around in Kollam city.
2. The inter-operatability of DTH/cable is under the consideration of TRAI and recommendations are awaited as evident from Ext.P2, the information provided to second petitioner under the Right to Information Act, 2005 by the WP(C).No.18759/2014-T. 2 first respondent. Petitioners' request in Exts.P3 and P4 is suggestive measures to allow the continuation of analogue transmission till the implementation of multi CAS supported STBs with at least one common CAS software. The petitioners would submit that the delay in implementation is causing serious hardship to the petitioners and other cable TV operators and also to the consumers. Having considered Exts.P3 and P4 I am of the view that the request of the request shall be considered by the the first respondent. In the light of the limited request made by the petitioners in this writ petition there shall be a direction to the first respondent to consider and pass orders on Exts.P3 and P4 within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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