Petitioner challenged grant of permission to other operators to use his poles. Respondents admitted no steps were taken. Court closed the Writ Petition based on counter affidavit statement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
MONDAY, THE 5TH DAY OF MARCH 2012/15TH PHALGUNA 1933
WP(C).No. 3866 of 2012 (G)
PETITIONER
SAJAYAN P. S/O. PURUSHOTHAMAN, PROPRIETOR, THEKKADATH CABLE VISION, SALEMPURAM, PATHANAPURAM, RESIDING AT ELIMULLIL VEEDU, MAROOR P.O. ADOOR PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.B.MOHANLAL SMT.P.S.PREETHA SRI.SAIJU S. SRI.T.PRASAD
RESPONDENTS -----------
1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,
VYDHYUTHI BHAVAN,PATTOM P.O. THIRUVANANTHAPRUAM – 695012.
2. THE CHIEF ENGINEER (ELECTRICITY )
3. THE EXECUTIVE ENGINEER, KERALA SATE ELECTRICITY BOARD, ELECTRICAL DIVISION OFFICE PUNALUR P.O. KOLLAM 691305
4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION PATHANAPURAM P.O. KOLLAM 689695
R1-R4 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD R BY SRI.K.M.SATHYANATHA MENON,SC,KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MG
WP(C).No. 3866 of 2012 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1:- |
COPY OF THE REGISTRATION CERTIFICATE NO:192 DATED 13.01.2012 ISSUED BY THE POSTMASTER, PUNALUR TO THE PETITIONER . |
|---|---|
| EXT.P2:- |
COPY OF THE AGREEMENT DATED 06.11.2009 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS. |
| EXT.P3:- |
COPY OF THE CERTIFICATE NO:C-2934/11/EIQ DATED 03.08.2011 ISSUED BY THE ELECTRICAL INSPECTOR, KOLLAM TO THE PETITIONER. |
| EXT.P4:- |
COPY OF THE RECEIPT NO:213 DATED 09.05.2011 EVIDENCING THE PAYMENT OF THE POLE RENTAL CHARGES REMITTED BY THE PETITIONER TO THE RESPONDENTS. |
RESPONDENT'S EXHIBITS:- NIL
//TRUE COPY//
PA TO JUDGE
MG
B.P.RAY, J.
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W.P.(C)No.3866 OF 2012
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Dated this the 5th day of March, 2012
JUDGMENT
The petitioner who is a registered cable T.V. Operator has entered into Ext.P2 agreement with the respondents for distribution of cable T.V. to 493 poles. The grievance of the petitioner is that the respondents has given permission to draw cable TV lines to others through the poles occupied by the petitioner which is contrary to the guidelines of the first respondent.
i) to call for the records from the respondents leading to give permission to issue cable T.V. to others through the poles occupied by the petitioner and quash the same as illegal.
ii) to issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents not to give permission to any cable T.V. operators to draw cable T.V. line through the poles occupied by the petitioner as per Ext.P2.
iii) to declare that the petitioner is entitled to continue to draw cable T.V. through the poles allotted in Pathanapuram area as per Ext.P2 agreement without giving permission to anybody in the area of operation of the petitioner.
W.P.(C)No.3866 OF 2012
:: 2 ::
Writ petition is closed.
B.P.RAY, JUDGE
jes
3 issues framed by the court
Whether the Writ Petition requires adjudication when the respondents state in their counter affidavit that no steps have been taken to grant permission to other operators.
Whether the withdrawal of the petitioner's grievance by the record of the counter affidavit results in the closure of the Writ Petition.
Whether the Petitioner is entitled to a declaration regarding exclusive rights over poles under his agreement.
Sajayan P.
Kerala State Electricity Board
B.P. Ray
As recorded by the court registry
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