IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32881 of 2009(E)
1. K.P.VISWANATHAN, 'V' VISION CABLE TV
... Petitioner
Vs
1. THE DEPUTY CHIEF ENGINEER,
... Respondent
2. THE EXECUTIVE ENGINEER,
3. THE ASST. EXECUTIVE ENGINEER,
4. THE ASST. EXECUTIVE ENGINEER,
5. THE HEAD POSTMASTER, CHALAKUDY HEAD
6. KODAKARA CABLE VISION,
For Petitioner :SRI.M.S.UNNIKRISHNAN
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/06/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)Nos.32881 & 33581 of 2009
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Dated 17th June, 2010
JUDGMENT
The petitioners in these writ petitions are Cable T.V. Operators.
The petitioner in W.P.(C)No.32881 of 2009 has entered into an agreement
with the Kerala State Electricity Board to draw cable T.V. lines through
electric posts belonging to the Kerala State Electricity Board. Such
permission is evidenced by Exts.P2 to P8 produced in W.P.(C)No.32881 of
2009. However, the petitioner in that writ petition drew cable T.V. lines
through certain other posts also for which there was no authorisation from
the Kerala State Electricity Board. It appears, in the meanwhile, during
October, 2009 the petitioner in W.P.(C)No.33581 of 2009 unauthorisedly
drew cable T.V. lines through certain posts including the posts through which
the petitioner in W.P.(C)No.32881 of 2009 had also illegally drawn cable T.V.
lines. The petitioner in W.P.(C)No.33581 of 2009 thereafter submitted an
application dated 26.10.2009 for permission to draw cable T.V. lines through
electric posts. The Board thereupon issued Ext.P3 notice to him calling upon
him to remove the cable T.V. lines unauthorisedly drawn by him. W.P.(C)
No.33581 of 2009 was thereupon filed challenging Ext.P3 and seeking a
direction to the competent authority to consider his request for permission to
WP(C).Nos.32881 & 33581/2009 2
draw cable T.V. lines through electric posts. The prayer in W.P.(C)No.32881
of 2009 is to prevent the petitioner in W.P.(C)No.33581 of 2009 from drawing
cable T.V. lines through the posts allotted to him.
2. When the writ petitions came up for hearing on 7.12.2009, a
learned single Judge of this Court passed the following order:
“W.P.(C)No.32881/2009 is filed by a Cable T.V.
Operator who has an agreement with the Kerala State
Electricity Board for permission to draw Cable T.V. lines
through the electric posts belonging to the Kerala State
Electricity Board. He wants the Electricity Board to take
action against the petitioner in the other writ petition to
remove the cables drawn without permission. W.P.(C)
No.33581/2009 is filed by a person who does not have
such permission but has drawn Cable T.V. lines through the
electricity posts, seeking a direction to the Board to
consider his claim in that regard.
2. The learned standing counsel for the Kerala
State Electricity Board submits that the petitioner in W.P.
(C)No.33581/2009 has drawn cable lines without
authorisation from the Board and that the petitioner in the
other writ petition has also drawn Cable T.V. lines through
some electricity posts, which are not covered by the
agreement executed by him.
In the above circumstances, the Electricity Board
shall take appropriate action to remove the Cable T.V. lines
of both petitioners from the electricity posts which have
been drawn without authorisation from the Electricity
Board, if necessary, with the police help, within two weeks.
In this connection, I record the submission of the counsel
for the petitioner in W.P.(C)No.33581/2009 that he would
remove the cable lines from the electricity posts by himself.
If he does not do so, the Electricity Board shall forcibly
remove the cable lines from the posts. Post after two
weeks.”
WP(C).Nos.32881 & 33581/2009 3
3. By the said order, this Court directed that the cable T.V. lines
unauthorisedly drawn by the petitioners shall be removed by them and if
they do not do it, the Kerala State Electricity Board shall remove them. As
regards W.P.(C)No.32881 of 2009, the direction was to remove the cable
T.V. lines which are not covered by the agreement executed by them. The
Board has filed an affidavit in W.P.(C)No.33581 of 2009 stating that the cable
T.V. lines unauthorisedly drawn by the petitioners have been removed
pursuant to the orders of this Court. However, the petitioner in W.P.(C)
No.33581 of 2009 has filed a reply affidavit pointing out that the cable T.V.
lines unauthorisedly drawn by the petitioner in W.P.(C)No.32881 of 2009
have not been fully removed. Reference is also made to the posts through
which the petitioner in W.P.(C)No.32881 of 2009 has unauthorisedly drawn
Cable TV lines, in Ext.P7 produced along with the reply affidavit.
4. When the writ petitions were heard today, Sri.M.R.Anison,
learned counsel for the petitioner in W.P.(C)No.32881 of 2009 submitted that
as far as the petitioner therein is concerned, the original petition has become
infructuous in view of the fact that the 6th respondent therein who is the
petitioner in W.P.(C)No.33581 of 2009 has been directed to remove and has
removed the cable T.V. lines unauthorisedly drawn by him through the posts
allotted to the petitioner and therefore W.P.(C)No.32881 of 2009 may be
closed as infructuous. Per contra, Sri.T.N.Manoj, learned counsel for the
WP(C).Nos.32881 & 33581/2009 4
petitioner in W.P.(C)No.33581 of 2009 submitted that, as a matter of fact,
the cable T.V. lines unauthorisedly drawn by the petitioner in W.P.(C)
No.32881 of 2009 are even now in existence and that the said petitioner or
the Kerala State Electricity Board have not dismantled the cable T.V. lines
illegally drawn by the petitioner in W.P.(C)No.32881 of 2009 through the
posts mentioned in Ext.P7. Sri.C.K.Karunakaran, learned standing counsel
appearing for the Kerala State Electricity Board submitted that the interim
order passed on 7.12.2009 has been complied with in full and that the posts
referred to in Ext.P7 are posts which are not licenced to anybody and that no
authorised lines have been drawn through the said posts.
5. I have considered the rival submissions made at the Bar by the
learned counsel on either side. In view of the submission made by
Sri.M.R.Anison that W.P.(C)No.32881 of 2009 has become infructuous
consequent on the petitioner in W.P.(C)No.33581 of 2009 removing the
unauthorised cable T.V. lines drawn by him, W.P.(C)No.32881 of 2009 is
dismissed as infructuous. As regards W.P.(C)No.33581 of 2009, in view of
the limited grievance now projected by the learned counsel for the petitioner,
I dispose of the said writ petition with a direction to the Kerala State
Electricity Board to inspect the posts mentioned in Ext.P7 and to ascertain
whether the petitioner in W.P.(C)No.32881 of 2009 or any other Cable T.V.
Operator has drawn cable T.V. lines unauthorisedly through the said posts
WP(C).Nos.32881 & 33581/2009 5
and if it is found that cable T.V. lines have been unauthorisedly drawn
through the said posts, the Board shall take steps to remove them within one
month from the date of receipt of a certified copy of this judgment. It will
be open to the Kerala State Electricity Board to levy penal charges from the
Cable T.V. Operators who have unauthorisedly drawn cable T.V. lines through
the electric posts mentioned in Ext.P7. As regards the applications submitted
by the petitioners in the respective writ petitions, it will be open to the Kerala
State Electricity Board to take an appropriate decision in the matter having
regard to the relevant orders governing the field.
P.N.RAVINDRAN
Judge
TKS