Kerala High Court
Bsnl Exclusive Telecom Infra ... vs State Of Kerala on 7 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
1
2024:KER:60533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
WP(C) NO. 21277 OF 2022
PETITIONER/S:
1 BSNL EXCLUSIVE TELECOM INFRA PROVIDERS' ASSOCIATION (BETA),
BSNL EXCLUSIVE TELECOM INFRA PROVIDERS' ASSOCIATION (BETA),
(REGISTRATION NO.EKM/TC/75/2022), REGISTERED OFFICE AT SRUTHI-1ST
FLOOR, KACHAPPILLY ROAD, VYTILA, ERNAKULAM, KOCHI - 682 019.
REPRESENTED BY ITS SECRETARY, AJAYKUMAR N.V, AGED 38 YEARS, SON OF
SHRI.VASU. N. N, NARIKUZHI HOUSE, WADAKKANCHERY PO, THRISSUR -680
582.
2 ENET COMMUNICATIONS,
REGISTERED OFFICE AT SRUTHI-1ST FLOOR, KACHAPPILLY ROAD, VYTILA
ERNAKULAM, KOCHI-682 019. REPRESENTED BY ITS PROPRIETOR, JOSEPH
THOMAS, AGED 74 YEARS, SON OF THE LATE JOSEPH, RESIDING AT KRA 172,
BHAGATHSINGH ROAD, KUREEKAD P.O, ERNAKULAM, KOCHI - 682 305.
3 ANIOMAX FIBRONET,
KAKKAD, KATHIKUDAM P.O, VIA KORATTY, THRISSUR DISTRICT-680 308,
REPRESENTED BY ITS MANAGING PARTNER, JAYACHANDRAN T.S., S/O.
SHRI.SUBRAMANIAN, AGED 54 YEARS RESIDING AT THEKOOT HOUSE,
KAKKAD, KATHIKUDAM P O., THRISSUR-680 308.
4 SHAMNA BEEGOM. S,
W/O. SHRI. NUJUMUDEEN M., AGED 44 YEARS PROPRIETOR, CHERUKUNNATH
COMMUNICATIONS & NETWORK SOLUTION KAYAMKULAM RESIDING AT
CHERUKUNNATH, KANNAMPALLY BHAGOM, KAYAMKULAM P.O,
ALAPPUZHA-690 502.
5 AJIN PADINJATTATHIL,
S/O. SHRI. BABURAJ. P., AGED 39 YEARS, PROPRIETOR, KORE GROUP, 6/152-B
KALATHUKAL THEKKETHIL, AREEPARAMBU, MANARCAUD, KOTTAYAM 686
010. RESIDING AT PADINJATTATHIL HOUSE, VADAVATHOOR.P.O, VAIKOM,
KOTTAYAM PIN - 686010
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
2
2024:KER:60533
6 INDIGONE DATA MOVERS,
KATTILKADAV P O, KARUNAGAPPILLY, KOLLAM-690 542. REPRESENTED BY
ITS PROPRIETOR, PREMLAL P., S/O THE LATE PADMAJAN, AGED 49 YEARS
RESIDING AT YEDUNANDANAM, KATTILKADAV P.O, KARUNAGAPPALLY,
KOLLAM-690542.
BY ADVS.
O.V.RADHAKRISHNAN (SR.)
H.VISHNUDAS
GEORGE VARGHESE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
2 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PALACE
POST, THIRUVANANTHAPURAM-695 004.
3 BOARD OF DIRECTORS,
REPRESENTED BY ITS COMPANY SECRETARY-IN-CHARGE OFFICE OF THE
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM-695 004.
4 CHIEF ENGINEER,
DISTRIBUTION, (SOUTH/CENTRAL/NORTH/ NORTH MALABAR/IT CR & CAPS)
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.
5 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION ERNAKULAM, POWER HOUSE ROAD, KOCHI 682 018.
6 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, TRIPUNITHURA, KOCHI-682 301.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
3
2024:KER:60533
7 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION CHALAKUDY, RAILWAY STATION ROAD, CHALAKUDY.P.O,
THRISSUR-680 307.
8 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, IRINJALAKUDA.PO, THRISSUR-680 121.
9 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, HARIPPAD. P.O ALAPPUZHA-690 514
10 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, PALLOM, PAKKIL. PO KOTTAYAM-686 012.
11 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, KARUNAGAPPALLY.P.O. KOLLAM-690 518.
BY ADV B.PREMOD
OTHER PRESENT:
SRI.B. PREMOD-SC
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH
WP(C).954/2024, 18120/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
4
2024:KER:60533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
WP(C) NO. 954 OF 2024
PETITIONER/S:
1 VARGHESEKUTTY O.J,
AGED 47 YEARS
PROPRIETOR, CHANNEL VISION, ARAKKUNNAM JUNCTION, ARAKKUNNAM,
PIN - 682313
2 ULLAS KUMAR A.K,
AGED 45 YEARS
PROPRIETOR, SURABHI CABLE VISION, ANANDHABHAVAN, THONNALLOOR,
MEVELLOOR P.O., KOTTAYAM, PIN - 686609
3 JOSE P THOMAS,
AGED 45 YEARS
PERUMBALATH CABLE VISION, PIRAVOM, PIN - 686664
4 RAJESH P.P,
AGED 45 YEARS
PROPRIETOR, NATIONAL CABLE SERVICE, KALAMPOOR P.O., PIRAVOM, PIN -
686664
5 SHIBY E.J.,
AGED 46 YEARS
PROPRIETOR, MELVIN CABLE NETWORK, KAKKAD P.O., PIN - 686662
BY ADVS.
JOLLY JOHN
LIZA MEGHAN CYRIAC
IRENE BABU
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
5
2024:KER:60533
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF POWER,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 BOARD OF DIRECTORS,
REPRESENTED BY COMPANY SECRETARY (IN CHARGE), OFFICE OF THE
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
4 DIRECTOR (DISTRIBUTION, IT & SCM),
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
5 CHIEF ENGINEER (DISTRIBUTION) CENTRAL
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
CIRCLE OFFICE, ERNAKULAM, PIN - 682031
6 DEPUTY CHIEF ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
CIRCLE, ELECTRICAL CIRCLE OFFICE, ERNAKULAM, PIN - 682031
7 EXECUTIVE ENGINEER, OFFICE OF THE KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL DIVISION, TRIPUNITHURA, PIN - 682301
8 ASSISTANT ENGINEER, OFFICE OF THE KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL SECTION, ARAKKUNNAM, ARAKKUNNAM - PIRAVOM
ROAD, KERALA, PIN - 682313
BY ADV B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH
WP(C).21277/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
6
2024:KER:60533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
WP(C) NO. 18120 OF 2023
PETITIONER/S:
ABISIL VARGHESE,
AGED 38 YEARS
S/O. VARGHESE, OPERATOR, CLEAR VISION CABLE TV, CHAITHANYA
BUILDING, ALUVA ROAD, KALADY, ERNAKULAM-, PIN - 683544
BY ADVS.
JOLLY JOHN
IRENE BABU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF POWER,
SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001
2 THE KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM -695004., PIN - 695004
3 BOARD OF DIRECTORS,
REPRESENTED BY COMPANY SECRETARY (IN CHARGE), OFFICE OF THE
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM -695004., PIN - 695004
4 CHIEF ENGINEER (DISTRIBUTION) CENTRAL,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
7
2024:KER:60533
CIRCLE OFFICE, ERNAKULAM -682031., PIN - 682031
5 DEPUTY CHIEF ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
CIRCLE, POOPPANI ROAD, PERUMBAVOOR, ERNAKULAM- 683542., PIN -
683542
6 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, POOPPANI ROAD, PERUMBAVOOR, ERNAKULAM- 683542., PIN -
683542
7 ASSISTANT ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
SECTION, OKKAL, ERNAKULAM -683550., PIN - 683550
BY ADV B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH
WP(C).21277/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
8
2024:KER:60533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
WP(C) NO. 31117 OF 2023
PETITIONER/S:
ABISIL VARGHESE,
AGED 38 YEARS
S/O. VARGHESE, OPERATOR, CLEAR VISION CABLE TV, CHAITHANYA
BUILDING, ALUVA ROAD, LADY, ERNAKULAM., PIN - 683544
BY ADVS.
JOLLY JOHN
IRENE BABU
LIZA MEGHAN CYRIAC
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF POWER,
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 THE KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695004., PIN - 695004
3 BOARD OF DIRECTORS,
REPRESENTED BY COMPANY SECRETARY (IN CHARGE), OFFICE OF THE
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM 695004., PIN - 695004
4 CHIEF ENGINEER (DISTRIBUTION) CENTRAL,
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
9
2024:KER:60533
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
CIRCLE OFFICE, ERNAKULAM 682031., PIN - 682031
5 EXECUTIVE ENGINEER,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, KALLUPALAM ROAD, ANGAMALY, KERALA., PIN - 683572
6 ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE
ELECTRICITY BOARD LIMITED, ELECTRICAL SUB-DIVISION, KALADY KERALA
683574, PIN - 683574
7 ASSISTANT ENGINEER,
OFFICE OF THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL SECTION, KALADY, KERALA., PIN - 683574
8 ASSISTANT ENGINEER,
OFFICE OF THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD
LIMITED, ELECTRICAL SECTION, MALAYATTOOR, KERALA., PIN - 683587
BY ADV B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH
WP(C).21277/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
10
2024:KER:60533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
WP(C) NO. 31677 OF 2023
PETITIONER/S:
BHARATH VISION FIBRO NET,
MAMBRA -10/360B, ERAYAMKUDY P.O., THRISSUR – REPRESENTED BY
ITS PROPRIETRIX SMT. BINDU P.D., PIN - 680308
BY ADVS.
AJI V.DEV
ALAN PRIYADARSHI DEV
S.SAJEEVAN
RESPONDENT/S:
1 THE EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED,
TRIPUNITHURA, ERNAKULAM –, PIN - 682301
2 THE EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED, ALUVA,
ERNAKULAM., PIN - 683101
3 THE ASSISTANT ENGINEER,
OFFICE OF ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE
ELECTRICITY BOARD LIMITED, THEVAKKAL, PIN - 682021
4 THE KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM –
REPRESENTED BY ITS SECRETARY., PIN - 695004
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
11
2024:KER:60533
5 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
BY ADV B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH
WP(C).21277/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
12
2024:KER:60533
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
WP(C) NO. 4886 OF 2024
PETITIONER/S:
1 PRINCE THOMAS
AGED 40 YEARS
S/O., THOMAS JOHAN, PROPRIETOR, GALAXY DIGITAL, KONEKKATTU
COMPLEX, 3RD FLOOR, KEEZHILLAM P.O., 683541 RESIDING AT EDAPPATTU
HOUSE, THRIKKALATHOOR P.O., MUVATTUPUZHA, ERNAKULAM, PIN -
683541
2 ANILKUMAR R
AGED 52 YEARS
S/O., RAGHAVAN, PROPRIETOR, CHANNEL PARK COMMUNICATION,
VAZHAKULAM P.O., MUVATTUPUZHA 686670, RESIDING AT
PADINJAREKOOVAL HOUSE, VAZHAKULAM P.O., MUVATTUPUZHA,
ERNAKULAM, PIN - 686670
3 ELDHOSE PHILIP
AGED 56 YEARS
S/O. PHILIPOSE, PROPRIETOR, ELPHY VISION, KUNNAKKURUDY, IRAPURAM
P.O., ERNAKULAM 683541, RESIDING AT ARTHUNGAL HOUSE,
THRIKKALATHOOR, IRAPURAM P.O., PIN - 683541
4 ANESH C.R.
AGED 43 YEARS
S/O., REMANAN C.K., PROPRIETOR, DIGITAL VISION CABLE NETWORK,
KEEZHILLAM P.O., KEEZHILLAM 683541, RESIDING AT CHOORYALAYIL
HOUSE, AVOLY P.O., MUVATTUPUZHA, ERNAKULAM, PIN - 683541
5 SREEKANTH
AGED 47 YEARS
S/O., RAJASHEKARAN NAIR, PROPRIETOR, GALAXY VISION, VALAMKOT
BUILDING, KEEZHILLAM P.O., IRAPURAM 683541, RESIDING AT MURINGOTH
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
13
2024:KER:60533
HOUSE, MEKKADAMPU P.O., MUVATTUPUZHA, PIN - 682316
BY ADVS.
JOLLY JOHN
LIZA MEGHAN CYRIAC
IRENE BABU
HARIKRISHNA S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF POWER,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
3 BOARD OF DIRECTORS
REPRESENTED BY COMPANY SECRETARY (IN CHARGE), OFFICE OF THE
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
4 DIRECTOR (DISTRIBUTION, IT & SCM)
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
5 CHIEF ENGINEER (DISTRIBUTION) CENTRAL
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
CIRCLE OFFICE, ERNAKULAM, PIN - 682031
6 DEPUTY CHIEF ENGINEER
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
CIRCLE, ELECTRICAL CIRCLE OFFICE, ERNAKULAM, PIN - 682031
7 EXECUTIVE ENGINEER
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
DIVISION, MUVATTUPUZHA, T.B ROAD, MUVATTUPUZHA, PIN - 686661
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
14
2024:KER:60533
8 ASSISTANT ENGINEER
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
SECTION, VALAYANCHIRANGARA, PIN - 683556
9 ASSISTANT ENGINEER
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
SECTION, MANJALLOOR, VAZHAKULAM, KERALA, PIN - 686670
10 ASSISTANT ENGINEER
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
SECTION, KALLOORKKAD, PIN - 686668
11 ASSISTANT ENGINEER
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
SECTION, VELLOORKUNNAM, PIN - 686673
BY ADV B.PREMOD
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.08.2024, ALONG WITH
WP(C).21277/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024
15
2024:KER:60533
JUDGMENT
[WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024] These present Writ Petitions have been filed by the Cable TV Operators claiming the benefit of the decision taken by the Government in Board Order (DB) No.514/2021 (D(D&IT)/D5/Cable-Poles/2021-22/0001) dated 5.7.2021 and Government order issued on 08.07.2021 in G.O (Ms) No.14/2021/Power.
2. The learned Counsel for the petitioners submit that the invoices issued for rent of the electricity poles by the Electricity Board which are impugned in the Writ Petitions are not in accordance with the Government's own decision taken in B.O (DB) No.514/2021 (D(D&IT)/D5/Cable-Poles/2021-22/0001) referred to above and the Government Order dated 08-07-2021. The learned Counsel for the petitioners submit that they would confine their WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 16 2024:KER:60533 prayer towards the writ of mandamus to the respondents to issue invoices in accordance with the decision W.P.(C) Nos.38259 of 2023 & Connected cases of the Government in B.O (DB) No.514/2021 (D(D&IT)/D5/Cable-Poles/ 2021-22/0001) and the Government Order dated 08-07-2021.
3. Once the Government has taken a decision to charge the rent at a particular rate and manner, the Government is obliged to implement the said decision. It is also said that the Government is implementing the said decision in respect of some private Cable TV Operators such as BSNL Cable TV Operators.
4. Mr. B. Premod, learned Counsel for the Kerala State Electricity Board Ltd, submits that all Cable TV Operators are charged as per the decision in B.O (DB) No.514/2021 (D(D&IT)/D5/Cable-Poles/ 2021-22/0001) and the Government Order dated 08-07-2021.
5. In view thereof, all these Writ Petitions are disposed of WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 17 2024:KER:60533 with a direction to the Secretary, Kerala State Electricity Board Ltd., to hear the petitioners and pass a fresh Order raising the invoices strictly in accordance with the Government decision in B.0 (DB) No.514/2021 (D(D&IT)/D5/Cable- Poles/2021-22/0001) and the Government Order dated 08-07-2021 referred to above.
5.1 The petitioners are directed to appear before the Secretary, Kerala State Electricity Board Ltd. on 30.08.2024. Since the fresh invoices are required to be issued in accordance with the government's decision in B.0 (DB) No.514/2021(D(D&IT)/D5/Cable-Poles/2021-22/0001) and the Government Order dated 08-07-2021, the petitioners will pay the amount so determined.
Sd/-
DINESH KUMAR SINGH JUDGE jjj WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 18 2024:KER:60533 APPENDIX OF WP(C) 954/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO. EK-300 DATED 01.04.2023 OF CHANNEL VISION ISSUED TO THE PETITIONER NO.1.
Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 22 DATED 09.09.2020 OF SURABHI CABLE VISION ISSUED TO THE PETITIONER NO.2.
Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 227 DATED 10.03.2022 OF PERUMBALATH CABLE VISION ISSUED TO THE PETITIONER NO.3.
Exhibit P4 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO. 213 DATED 03.12.2020 OF NCS ISSUED TO THE PETITIONER NO.4.
Exhibit P5 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 204 DATED 28.11.2022 OF MELWIN CABLE VISION.
Exhibit P6 TRUE COPY OF THE BSNL LETTER NO. 64-253/2013-BB DATED 12.04.2017.
Exhibit P7 TRUE COPY OF THE G.O.(MS) NO. 9/2021/POWER DATED 26.02.2021.
Exhibit P8 TRUE COPY OF B.O (DB) NO. 514/2021 (D(D&IT)/D5/CABLE-
POLES/2021-22/0001) DATED 05.07.2021.
Exhibit P9 TRUE COPY OF THE PROVISIONAL INVOICE DATED 05.07.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.1.
Exhibit P10 TRUE COPY OF THE PROVISIONAL INVOICE DATED 10.07.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.2.
Exhibit P11 TRUE COPY OF THE PROVISIONAL INVOICE DATED 05.07.2023 WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 19 2024:KER:60533 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.3.
Exhibit P12 TRUE COPY OF THE PROVISIONAL INVOICE DATED 10.07.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.4.
Exhibit P13 TRUE COPY OF THE PROVISIONAL INVOICE DATED 10.07.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.5.
Exhibit P14 TRUE COPY OF THE BOARD ORDER B.O(FTD) NO.614/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) TVPM, DATED 13.08.2021.
Exhibit P15 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION IN W.P.(C) NO.35038/2023 WITHOUT EXHIBITS FILED BY THE PETITIONERS.
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED 28.10.2023 IN W.P.(C) NO. 35038/2023.
Exhibit P17 TRUE COPY OF THE NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2041 DATED 21.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.1 DEMANDING PAYMENT OF RS.2,04,397/- (INCLUDING INTEREST AND GST) FOR THE PERIOD 2023-24.
Exhibit P18 TRUE COPY OF THE NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2039 DATED 21.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.2 DEMANDING PAYMENT OF RS.18,438/- (INCLUDING INTEREST AND GST) FOR THE PERIOD 2023-24.
Exhibit P19 TRUE COPY OF THE NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2043 DATED 21.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.3 DEMANDING PAYMENT OF RS.96,769/- (INCLUDING INTEREST AND GST) FOR THE PERIOD 2023-24.
Exhibit P20 TRUE COPY OF THE NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2040 DATED 21.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.4 DEMANDING WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 20 2024:KER:60533 PAYMENT OF RS.50,239/- (INCLUDING INTEREST AND GST) FOR THE PERIOD 2023-24.
Exhibit P21 TRUE COPY OF THE NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2042 DATED 21.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.5 DEMANDING PAYMENT OF RS.88,049/- (INCLUDING INTEREST AND GST) FOR THE PERIOD 2023-24.
Exhibit P22 TRUE COPY OF THE REVISED DEMAND NOTICE NO.
RB/CABLE TV/ADDITIONAL POLES/2023-24/2067 DATED 23.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.1 DEMANDING PAYMENT OF RS.7,67,865/- (INCLUDING BACK CHARGES, PENALTY AND GST).
Exhibit P23 TRUE COPY OF THE REVISED DEMAND NOTICE NO.
RB/CABLE TV/ADDITIONAL POLES/2023-24/2067 DATED 23.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.2 DEMANDING PAYMENT OF RS.69,269/- (INCLUDING BACK CHARGES, PENALTY AND GST).
Exhibit P24 TRUE COPY OF THE REVISED DEMAND NOTICE NO.
RB/CABLE TV/ADDITIONAL POLES/2023-24/2067 DATED 23.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.3 DEMANDING PAYMENT OF RS.3,63,529/- (INCLUDING BACK CHARGES, PENALTY AND GST).
Exhibit P25 TRUE COPY OF THE REVISED DEMAND NOTICE NO.
RB/CABLE TV/ADDITIONAL POLES/2023-24/2067 DATED 23.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.4 DEMANDING PAYMENT OF RS.1,90,087/- (INCLUDING BACK CHARGES, PENALTY AND GST).
Exhibit P26 TRUE COPY OF THE REVISED DEMAND NOTICE NO.
RB/CABLE TV/ADDITIONAL POLES/2023-24/2067 DATED 23.11.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.5 DEMANDING PAYMENT OF RS.3,27,919/- (INCLUDING BACK CHARGES, PENALTY AND GST).
Exhibit P27 TRUE COPY OF THE FINAL DEMAND NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2140 DATED 01.12.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.1 DEMANDING PAYMENT OF RS.6,94,469/- FOR THE PERIOD WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 21 2024:KER:60533 FROM 03.12.2021 TO 30.11.2023.
Exhibit P28 TRUE COPY OF THE FINAL DEMAND NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2140 DATED 01.12.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.2 DEMANDING PAYMENT OF RS.62,648/- FOR THE PERIOD FROM 03.12.2021 TO 30.11.2023.
Exhibit P29 TRUE COPY OF THE FINAL DEMAND NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2140 DATED 01.12.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.3 DEMANDING PAYMENT OF RS.3,28,780/- FOR THE PERIOD FROM 03.12.2021 TO 30.11.2023.
Exhibit P30 TRUE COPY OF THE FINAL DEMAND NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2140 DATED 01.12.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.4 DEMANDING PAYMENT OF RS.1,71,917/- FOR THE PERIOD FROM 03.12.2021 TO 30.11.2023.
Exhibit P31 TRUE COPY OF THE FINAL DEMAND NOTICE NO. RB/CABLE TV/ADDITIONAL POLES/2023-24/2140 DATED 01.12.2023 ISSUED BY THE RESPONDENT NO.7 TO THE PETITIONER NO.5 DEMANDING PAYMENT OF RS.2,99,156/- FOR THE PERIOD FROM 03.12.2021 TO 30.11.2023.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 22 2024:KER:60533 APPENDIX OF WP(C) 18120/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.436 OF CLEAR VISION CABLE TV DATED 05.03.2020.
Exhibit P2 TRUE COPY OF THE AGREEMENT NO. 4/EDD/16-17/223 DATED 30.09.2016 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT BOARD.
Exhibit P3 TRUE COPY OF THE PRESENT AGREEMENT NO. 54/EDP/2022- 23 DATED 01.03.2023 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT BOARD.
Exhibit P4 TRUE COPY OF THE G.O.(MS) NO. 9/2021/POWER DATED 26.02.2021.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE NO. AB3/CABLE TV/ABISIL VARGHESE/2022-23/1756 DATED 15.03.2023 FROM THE 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REQUEST LETTER DATED 28.03.2023 BY THE PETITIONER TO THE 6TH RESPONDENT WITH ACKNOWLEDGMENT.
Exhibit P7 TRUE COPY OF THE LETTER NO. AB3/CABLE TV/ABISIL VARGHESE/ 2022-23/829 DATED 31.03.2023 TO THE PETITIONER BY THE 6TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE LETTER DATED 13.04.2023 BY THE PETITIONER TO THE 6TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE LETTER DATED 19.04.2023 BY THE PETITIONER TO THE 6TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE LETTER NO.
AB3/CABLETV/ABISILVARGHESE/2022-23/69 DATED 19.04.2023 WITH POLE RENT CALCULATION SHEET BY THE 6TH RESPONDENT.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 23 2024:KER:60533 Exhibit P11 TRUE COPY OF THE BOARD ORDER B.O(FTD) NO.614/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) TVPM, DATED 13.08.2021.
Exhibit P12 TRUE COPY OF THE LETTER NO. AB3/CABLETV/2023-24/115 DATED 06.05.2023 BY THE 6TH RESPONDENT.
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 01.07.2022 IN WP(C) NO.21277/2022.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 24 2024:KER:60533 APPENDIX OF WP(C) 31117/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.436 OF CLEAR VISION CABLE TV DATED 03.03.2023.
Exhibit P2 TRUE COPY OF THE AGREEMENT NO. LTV-1/18-19/18213 DATED 15.02.2018 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT BOARD.
Exhibit P3 TRUE COPY OF THE PRESENT AGREEMENT NO. 08/ED ANGAMALY/2023-24 DATED 16.08.2023 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT BOARD.
Exhibit P4 TRUE COPY OF THE G.O.(MS) NO. 9/2021/POWER DATED 26.02.2021.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE NO. AB4/CABLE TV /2023-24/374 DATED 24.06.2023 FROM THE 5TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE DEMAND NOTICE NO. AB4/CABLE TV/2023-24/629 DATED 09.08.2023FROM THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE BOARD ORDER B.O(FTD) NO.614/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) TVPM, DATED 13.08.2021.
Exhibit P8 TRUE COPY OF THE LETTER NO. AB4/CABLE TV/2023-24/796 DATED 16.09.2023 ISSUED BY THE 5TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 01.07.2022 IN WP(C) NO.21277/2022.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 30.03.2023 IN W.P.(C) 11420/2023.
Exhibit P11 TRUE COPY OF THE LETTER NO. DIRDIT AE6/2022/2023 (4) DATED 12.06.2023.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 25 2024:KER:60533 Exhibit P12 TRUE COPY OF THE BOARD ORDER NO. B.O (FTD) NO.
166/2018 (D(D&IT)/D5/GENERAL/2017-18/ 0007) DATED 18.07.2018.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 26 2024:KER:60533 APPENDIX OF WP(C) 31677/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE SENIOR POSTMASTER, ERNAKULAM HEAD POST OFFICE DATED 21.10.2022 Exhibit P2 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND BSNL DATED 19.09.2020 Exhibit P3 TRUE COPY OF THE G.O. (MS) NO.9/2021/POWER DATED 26.02.2021 Exhibit P4 TRUE COPY OF THE BOARD ORDER B.O.(DB)NO.514/2021 (D(D&IT)/ D5/ CABLEPOLES/ 2021-22/0001) DATED 05.07.2021 Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY DGM (S&M) O/O PGMT, BSNL, ERNAKULAM DATED 20.09.2023 Exhibit P6 TRUE COPY OF THE PROVISIONAL INVOICE NO.1 ISSUED BY THE 1ST RESPONDENT DATED 26.09.2022 Exhibit P6(a) TRUE COPY OF THE PROVISIONAL INVOICE NO.1 ISSUED BY THE 1ST RESPONDENT DATED 28.10.2022 Exhibit P7 TRUE COPY OF THE INVOICE NO.67 ISSUED BY THE 1ST RESPONDENT DATED 20.03.2023 Exhibit P8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.05.2023 Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 26.07.2023 Exhibit P9(a) TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 16.08.2023 Exhibit P10 TRUE COPY OF THE INVOICE NO.2 DATED 11.08.2023 WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 27 2024:KER:60533 Exhibit P10(a) TRUE COPY OF THE INVOICE NO.1 DATED 16.08.2023 Exhibit P11 TRUE COPY OF THE LETTER SEEKING PERMISSION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.04.2023 Exhibit P11(a) TRUE COPY OF THE FEASIBILITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT OFFICER DATED 11.08.2023 Exhibit P12 TRUE COPY OF THE INTERIM ORDER OF THIS HON’BLE COURT IN WRIT PETITION NO.21277 OF 2022 DATED 01.07.2022 WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 28 2024:KER:60533 APPENDIX OF WP(C) 4886/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO.221 DATED 04.03.2023 OF GALAXY DIGITAL ISSUED IN THE NAME OF THE PETITIONER NO.1.
Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.84 DATED 12.06.2023 OF M/S. CHANNEL PARK COMMUNICATION ISSUED IN THE NAME OF THE PETITIONER NO.2.
Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.234 DATED 11.07.2023 OF ELPHY VISION ISSUED TO THE PETITIONER NO.3.
Exhibit P4 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.214 DATED 10.06.2020 OF DIGITAL VISION CABLE NETWORK ISSUED TO THE PETITIONER NO.4.
Exhibit P5 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. 147 DATED 14.07.2021 OF GALAXY VISION ISSUED TO THE PETITIONER NO.5.
Exhibit P6 TRUE COPY OF THE BSNL LETTER NO. 64-253/2013-BB DATED 12.04.2017.
Exhibit P7 TRUE COPY OF THE G.O.(MS) NO. 9/2021/POWER DATED 26.02.2021.
Exhibit P8 TRUE COPY OF B.O (DB) NO. 514/2021 (D(D&IT)/D5/CABLE-
POLES/2021-22/0001) DATED 05.07.2021.
Exhibit P9 TRUE COPY OF THE DEMAND NOTICE NO.AB1/CABLE TV/2023-24/2540 DATED 27.01.2024 ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.1 FOR AN AMOUNT OF RS.1,17,401/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VALAYANCHIRANGARA .
Exhibit P10 TRUE COPY OF THE DEMAND NOTICE NO.AB1/CABLE TV/2023-24/1459 DATED 22.01.2024 ISSUED BY RESPONDENT WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 29 2024:KER:60533 NO.7 TO THE PETITIONER NO.2 FOR AN AMOUNT OF RS.1,50,775/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF MANJALLOOR.
Exhibit P11 TRUE COPY OF THE DEMAND NOTICE NO.AB1/CABLE TV/2023-24/1494 DATED 22.01.2024 ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.2 FOR AN AMOUNT OF RS.74,426/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF KALLOORKAD.
Exhibit P12 TRUE COPY OF THE DEMAND NOTICE NO.AB1/CABLE TV/2023-24/1545 DATED 27.01.2024 ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.3 FOR AN AMOUNT OF RS.27,354/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VALAYANCHIRANGARA.
Exhibit P13 TRUE COPY OF THE DEMAND NOTICE NO.AB1/CABLE TV/2023-24/1541 DATED 27.01.2024 ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.4 FOR AN AMOUNT OF RS.1,56,320/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VALAYANCHIRANGARA .
Exhibit P14 TRUE COPY OF THE DEMAND NOTICE NO.AB1/CABLE TV/2023-24/1502 DATED 22.01.2024 ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.5 FOR AN AMOUNT OF RS.46,303/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VELLOORKUNNAM.
Exhibit P15 TRUE COPY OF THE RENT CALCULATION ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.1 PURSUANT TO EXHIBIT P-9 DEMAND FOR AN AMOUNT OF RS.1,17,401/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VALAYANCHIRANGARA .
Exhibit P16 TRUE COPY OF THE RENT CALCULATION ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.2 PURSUANT TO EXHIBIT P-10 DEMAND FOR AN AMOUNT OF RS.1,50,775/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF MANJALLOOR.
Exhibit P17 TRUE COPY OF THE RENT CALCULATION ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.2 PURSUANT TO EXHIBIT P-11 DEMAND FOR AN AMOUNT OF RS.74,426/- FOR WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 30 2024:KER:60533 THE POLES UNDER THE ELECTRICAL SECTION OF KALLOORKAD.
Exhibit P18 TRUE COPY OF THE RENT CALCULATION ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.3 PURSUANT TO EXHIBIT P-12 DEMAND FOR AN AMOUNT OF RS.27,354/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VALAYANCHIRANGARA .
Exhibit P19 TRUE COPY OF THE RENT CALCULATION ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.4 PURSUANT TO EXHIBIT P-13 DEMAND FOR AN AMOUNT OF RS.1,56,320/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VALAYANCHIRANGARA.
Exhibit P20 TRUE COPY OF THE RENT CALCULATION ISSUED BY RESPONDENT NO.7 TO THE PETITIONER NO.5 PURSUANT TO EXHIBIT P-14 DEMAND FOR AN AMOUNT OF RS.46,303/- FOR THE POLES UNDER THE ELECTRICAL SECTION OF VELLOORKUNNAM.
Exhibit P21 TRUE COPY OF THE BOARD ORDER B.O(FTD) NO.614/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) TVPM, DATED 13.08.2021.
Exhibit P22 TRUE COPY OF THE INTERIM ORDER DATED 01.07.2022 IN WP(C) NO.21277/2022.
Exhibit P23 TRUE COPY OF THE INTERIM ORDER DATED 28.10.2023 IN W.P.(C) NO.35038/2023.
Exhibit P24 TRUE COPY OF THE LETTER NO. DIRDIT AE6/2022/2023 (4) DATED 12.06.2023.
Exhibit P25 TRUE COPY OF THE BOARD ORDER NO. B.O (FTD) NO.
166/2018 (D(D&IT)/D5/GENERAL/2017-18/ 0007) DATED 18.07.2018.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 31 2024:KER:60533 APPENDIX OF WP(C) 21277/2022 PETITIONER EXHIBITS Exhibit P1(a) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17- 09-2020 ISSUED BY THE SENIOR POSTMASTER (H.S.G.D), ERNAKULAM TO THE 2ND PETITIONER.
Exhibit P1(b) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 15.02.2022 ISSUED BY THE POSTMASTER, CHALAKUDI TO THE 3RD PETITIONER.
Exhibit P1(c) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 21- 10-2021 ISSUED BY THE POSTMASTER, KAYANGULAM TO THE 4TH PETITIONER.
Exhibit P1(d) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17- 11-2020 ISSUED BY THE HEAD POSTMASTER, KOTTAYAM HPO TO THE 5TH PETITIONER.
EXHIBIT P1(e) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 25- 06-2022 ISSUED BY THE HEAD POSTMASTER, KARUNAGAPPALLY TO THE 6TH PETITIONER.
Exhibit P2 TRUE COPY OF THE LETTER NO. 9/80/2014BP&L DATED 18TH JUNE, 2015 OF THE GOVERNMENT OF INDIA, MINISTRY OF INFORMATION AND BOARDCASTING, NEW DELHI.
Exhibit P3 TRUE COPY OF THE AGREEMENT DATED 30-07-2021 EXECUTED BETWEEN ANIOMAX FIBRONET THE 3RD PETITIONER-WITH ENGLISH TRANSLATION.
Exhibit P4 TRUE COPY OF THE BSNL LETTER NO. 64-253/2013-BB DATED 12.04.2017 OF THE GENERAL MANAGER (NWP-BB), BSNL, NEW DELHI.
Exhibit P5 TRUE COPY OF THE AGREEMENT DATED 22-08-2019 EXECUTED BETWEEN THE BSNL AND THE 2ND PETITIONER Exhibit P6 TRUE COPY OF THE AGREEMENT DATED 04-05-2020 EXECUTED BETWEEN THE KSEB AND THE 2ND PETITIONER WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 32 2024:KER:60533 Exhibit P6(a) TRUE COPY OF THE LETTER NO.EDE/RB1/ CABLE TV/2021- 22/185 DATED 18.05.2021 OF THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE AGREEMENT DATED 09-07-2021 EXECUTED BETWEEN THE KSEB AND THE 3RD PETITIONER Exhibit P7(a) TRUE COPY OF THE AGREEMENT DATED 09-07-2021 EXECUTED BETWEEN THE KSEB AND THE 3RD PETITIONER Exhibit P8 TRUE COPY OF THE AGREEMENT DATED 23-10-2020 EXECUTED BETWEEN THE KSEB AND THE 4TH PETITIONER Exhibit P9 TRUE COPY OF THE ORDER NO. B.O. (FB) (GENL)NO.443/2012(DPCII/ ASIANET-2/2011) DATED 25.2.2012 OF THE SECRETARY, KSE BOARD.
Exhibit P10 TRUE COPY OF THE G.O. (MS) NO. 9/2021/POWER DATED 26.02.2021 OF THE JOINT SECRETARY TO GOVERNMENT- WITH ENGLISH TRANSLATION.
Exhibit P11 TRUE COPY OF THE ORDER NO. B.O.(FTD) (D(D&IT)/D5/CABLE-POLES/2021-22/0001) DATED 21.05.2021 OF THE 3RD RESPONDENT. 375/2021 Exhibit P12 TRUE COPY OF THE B.O(DB)NO.514/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) DATED 05.07.2021 OF THE 3RD RESPONDENT.
Exhibit P13 TRUE COPY OF THE CERTIFICATE DATED 12.01.2022 ISSUED BY THE A.G.M (FTTH PLANNING) 0/0 PGMT, BSNL, ERNAKULAM.
Exhibit P13(a) TRUE COPY OF THE CERTIFICATE DATED 01.04.2022 ISSUED BY THE DEPUTY GENERAL MANAGER (PLANNING), BSNL, THRISSUR.
Exhibit P13(b) TRUE COPY OF THE CERTIFICATE DATED 25.06.2022 ISSUED BY THE ASST. GENERAL MANAGER (PM), BSNL, ALAPPUZHA.
Exhibit P13(c) TRUE COPY OF THE CERTIFICATE DATED 02.06.2021 ISSUED BY THE DIVISIONAL ENGINEER (PHONES) BSNL, KOTTAYAM RURAL.
WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 33 2024:KER:60533 Exhibit P13(d) TRUE COPY OF THE CERTIFICATE DATED 25.06.2022 ISSUED BY THE SUB DIVISIONAL ENGINEER(FTTH), BSNL, KARUNAGAPPALLY.
Exhibit P14 TRUE COPY OF THE INVOICE DATED 21.03.2022 ALONGWITH THE PROVISIONAL INVOICE DATED 19.03.2022 OF THE 5TH RESPONDENT.
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 31.03.2022 OF THE 2ND PETITIONER TO THE 5TH RESPONDENT.
Exhibit P16 TRUE COPY OF THE LETTER DATED 08.04.2022 OF THE 5TH RESPONDENT TO THE 2ND PETITIONER.
Exhibit P17(a) TRUE COPY OF THE DEMAND NOTICE OF THE 7TH RESPONDENT TO THE 3RD PETITIONER.
Exhibit P17(b) TRUE COPY OF THE DEMAND NOTICE OF THE 7TH RESPONDENT TO THE 3RD PETITIONER.
Exhibit P17c) TRUE COPY OF THE DEMAND NOTICE OF THE 7TH RESPONDENT TO THE 3RD PETITIONER.
Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 19.04.2022 OF THE 3RD PETITIONER TO THE 7TH RESPONDENT.
Exhibit P19 TRUE COPY OF THE REPLY DATED 26.04.2022 OF THE 7TH RESPONDENT.
Exhibit P20 -TRUE COPY OF THE FILE NO.813-07/03-LR GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLOGY, DEPARTMENT OF TELECOMMUNICATIONS, BROADBAND POLICY 2004.
Exhibit P21(a) TRUE COPY OF THE NOTICE NO. DAO/ED-CHKD/CABLE-
TV/2022-23/342 DATED 07.06.2022 ISSUED BY THE 7TH RESPONDENT TO THE 3RD PETITIONER-WITH ENGLISH TRANSLATION.
Exhibit P21(b) TRUE COPY OF THE NOTICE NO. DAO/ED-CHKD/CABLE-
TV/2022-23/343 DATED 07.06.2022 ISSUED BY THE 7TH WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 34 2024:KER:60533 RESPONDENT TO THE 3RD PETITIONER-WITH ENGLISH TRANSLATION.
Exhibit P21(c) TRUE COPY OF THE NOTICE NO. DAO/ED-CHKD/CABLE-
TV/2022-23/344 DATED 07.06.2022 ISSUED BY THE 7TH RESPONDENT TO THE 3RD PETITIONER-WITH ENGLISH TRANSLATION.
Exhibit P22 TRUE COPY OF THE INTERNET PLANS OF INTERNET SERVICES RETRIEVED FROM KERALAVISIONBROADBAND WEBSITE-WITH ENGLISH TRANSLATION.
Exhibit P23 TRUE COPY OF THE PERFECT RANGE OF INTERNET PLANS, ASIANET FIBER.
Exhibit P24 TRUE COPY OF THE INTERNET PLANS, DEN CABLE.
Exhibit P25 TRUE COPY OF THE TELECOM REGULATORY AUTHORITY OF INDIA, THE INDIAN TELECOM SERVICES PERFORMANCE INDICATORS JANUARY-MARCH, 2021-TABLE OF CONTENTS- ANNEXURE 1.5: INTERNET SERVICE PROVIDER (ISP) WISE INTERNET SUBSCRIBER BASE AS ON 31-03-2021.
Exhibit P26 TRUE COPY OF THE BOARD ORDER (FTD) NO. 1666/2018/2018 (D(D&IT)/D5/GENERAL/2017-18/0007) DATED 18.07.2018 OF THE 3RD RESPONDENT.
RESPONDENT EXHIBITS Exhibit R2 A THE TRUE COPY OF THE JUDGMENT RENDERED IN WA NO.
1550/2015 AND CONNECTED CASES.
PETITIONER EXHIBITS Exhibit P27 TRUE COPY OF THE BOARD ORDER (FTD) NO.704/2020(LA.IV/8483/2016) DATED 20.11.2020 OF THE COMPANY SECRETARY-IN-CHARGE, KERALA STATE BOARD LIMITED Exhibit P28 TRUE COPY OF THE APPLICATION DATED 12-07-22 SUBMITTED BY SR. SREEJU.V.P TO THE PUBLIC INFORMATION OFFICER, KSEB LIMITED, VIDYUTHI BHAVAN, WP(C) Nos.21277/2022, 954/2024, 18120/2023, 31117/2023, 31677/2023, 4886/2024 35 2024:KER:60533 THIRUVANANTHAPURAM-WITH ENGLISH TRANSLATION.
Exhibit P29 PHOTOCOPY OF THE REPRESENTATION DATED 25.10.2019 SUBMITTED BY THE CABLE TV BEFORE THE HON'BLE CHIEF MINISTER ALONG WITH THE COVERING LETTER NO.C3/278/2022/POWER DATED 22/08/2022 OF THE STATE PUBLIC RELATIONS OFFICER & UNDER SECRETARY WITH ENGLISH TRANSLATION.
Exhibit P30 TRUE COPY OF THE RELEVANT PAGES OF THE CONSULTATION PAPER NO. 06/2020 OF TELECOM REGULATORY AUTHORITY OF INDIA DATED 20.08.2020 RETRIEVED FROM THE OFFICIAL WEBSITE.
Exhibit P31 TRUE COPY OF THE G.O.(MS) NO.14/2021/POWER DATED 08/07/2021 OF THE SECRETARY TO GOVERNMENT.
Exhibit P32 TRUE COPY OF THE ORDER B.O.(FTD) NO.614/2021 (D(D & IT)/D5/CABLE-POLES/2021-22/0001) DATED 13/08/2021 OF THE 3RD RESPONDENT.
Exhibit P33 TRUE COPY OF THE G.O.(MS) NO.11/2021/PD DATED 02/03/2021 OF THE JOINT SECRETARY TO GOVERNMENT WITH ENGLISH TRANSLATION.
Exhibit P34 TRUE COPY OF THE CENTRAL GOVERNMENT AMEND THE INDIAN TELEGRAPH RIGHT OF WAY RULES, 2016 BY THE INDIAN TELEGRAPH RIGHT OF WAY(AMENDMENT) RULES, 2022 AS PER NOTIFICATION DATED 17/08/2022 PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY DATED 18/08/2022.