Disposed

Soney John, v. State of Kerala

Kerala HC22 Jun 2023WP(C)/8957/2023

Case brief

AI extract

What is this about?

The High Court dispelled two writ petitions filed by cable TV operators against the Electricity Board regarding unpaid pole rents. The Court allowed an installment payment plan agreed upon by the parties, suspended coercive recovery proceedings contingent on execution of renewal agreements, and barred further pleas for time extension.

What did the court decide?

Coercive proceedings deferred; payment of arrears permitted in six equated monthly instalments from 22.07.2023 subject to executing renewal agreement.

Soney John, Vs State of Kerala — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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THURSDAY, THE 22^ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

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WP(C) NO. 8981 OF 2023

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PETITIONER:

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TONEY KURIAKOSE,
AGED 43 YEARS
S/O. KURIAKOSE, AGED 43 YEARS, THARANGINI CABLE T.V.,
THARANIYIL, ARIKUZHA P.O., THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685608

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BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS CHAIRMAN, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI BHAVAN, THODUPUZHA, PIN - 685584

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4ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB
DIVISION, KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI
BHAVAN, THODUPUZHA, PIN - 685584

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OTHER PRESENT:

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SRI B PREMOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, ALONG WITH WP(C).8957/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NOS. 8957 & 8981 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 8957 OF 2023

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PETITIONER:

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SONEY JOHN,
AGED 43 YEARS

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S/O, JOHN, AGED 43 YEARS, CHALIPLACKAL HOUSE, KADALIKAD
P.O., MUVATTUPUZHA, IDUKKI DISTRICT, PIN - 686670

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BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
ADARSH KURIAN

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RESPONDENTS:

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1STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, POWER
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001

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2 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004

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3 ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, MUVATTUPUZHA, ERNAKULAM, PIN – 686661 SRI B PREMOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, ALONG WITH WP(C).8981/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NOS. 8957 & 8981 OF 2023

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Dated this the 22^nd day of June, 2023

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COMMON JUDGMENT

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The writ petitions are filed challenging Ext.P1 letter

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issued by the third respondent.

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The common case of the petitioners in the two writ petitions is that, they are operating cable TV network for the last several years. The third respondent has issued Ext.P1 letter, demanding the petitioners to remit arrears of pole rent for the year 2019-2020 on or before 30.11.2022, failing which the cables would be removed from the electricity poles of the respondents. The petitioners were unable to pay the pole rental only due to reasons beyond their control. Nonetheless, they are willing to pay the arrears in instalments. Hence,

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WP(C) NOS. 8957 & 8981 OF 2023

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the writ petition.

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Heard; Sri.George Mathew, the learned

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counsel appearing for the petitioners in the two writ petitions and Sri. B. Premod, the learned Standing Counsel appearing for the respondents-Board.

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Sri.B.Premod, on instructions, submitted that as on March, 2023, the outstanding amount is Rs.2,75,266/-. The respondents are willing to permit the petitioners to pay off the outstanding amount in six equated monthly instalments, and subject to the condition that the petitioners execute the renewal agreement for the next financial year. The said submission is recorded.

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The learned counsel appearing for the petitioners submitted that the petitioners are ready to accept the above offer.

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Having considered the pleadings and materials

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WP(C) NOS. 8957 & 8981 OF 2023

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on record, and taking note of the rival submissions, I am

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of the view that the writ petitions are to be disposed of.

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Resultantly, I order the writ petitions as follows:-

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(i) The respondents are directed to defer coercive proceedings as against the petitioners, to enable them

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to pay the above stated outstanding amount in instalments.

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(ii) The petitioners are permitted to pay the outstanding amount as stated above with future interest

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in six equated monthly instalments commencing from 22.7.2023.

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(iii) Either of the petitioners shall execute the renewal agreement for the upcoming financial year.

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(iv) If the petitioners commit default of the conditions ordered above, they would lose the benefit of

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this judgment and the respondents are at liberty to proceed with recovery proceedings from the stage it

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WP(C) NOS. 8957 & 8981 OF 2023

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presently stands.

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(v) It is made clear that, no further application for

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modification/extension of time shall be entertained.

Sd/-

C.S.DIAS, JUDGE

rmm22/6/2023

WP(C) NOS. 8957 & 8981 OF 2023

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APPENDIX OF WP(C) 8957/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF LETTER CTV/ESD/MVPA/2022-23
DTD. 08.1,L.2022 ISSUED BY 3'D
RESPONDENT

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WP(C) NOS. 8957 & 8981 OF 2023

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APPENDIX OF WP(C) 8981/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF LETTER NO.GB1/CABLETV/2022-
23/63 DTD. 21.11.2022 ISSUED BY 3RD
RESPONDENT

Soney John, v. State of Kerala

Case brief

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Soney John, v. State of Kerala

Case brief

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