Allowed

City Vision v. the Executive Engineer

Kerala HC27 May 2024WP(C)/4044/2024

Case brief

AI extract

What is this about?

In joined WP(C) Nos. 4044 & 4350/2024, petitioners (Cable TV Operators) alleged unauthorized removal of their paid-for authorized cables. The High Court directed the respondents to grant a final two-week extension to tag authorized cables before any further removal actions. Disposition: allowed.

What did the court decide?

Granted two more weeks' time for petitioners to tag their authorized cables before removal of unauthorized cables proceeds.

City Vision Vs the Executive Engineer — Service and Employment | Kerala HC (2024)

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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 N.NAGARESH

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MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946

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WP(C) NO. 4350 OF 2024

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PETITIONER:

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M/S. KANNILETH CABLE TV NETWORK,
REPRESENTED BY ITS PROPRIETOR C.T. SAMUEL
AGED 66 YEARS
S/O CHERIAN, KANNILETH CABLE TV NETWORKS,
NANGIARKULANGARA POST, HARIPAD,
ALLEPPEY NOW DOING BUSINESS AS C.T.SAMUEL,
KANNILETH CABLE TV NETWORK,
KANNILETH BUILDINGS, SOUTH OF EZHIKKAKATH JN.,
HARIPAD P O, ALAPUZHA- 690514,
PIN – 690514

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BY ADVS.

¶9

DINOOP P.D.
M.R.SUDHEENDRAN
SARITHA NANDANAN

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN, KSEB, VAIDHUDHI BHAVAN, TRIVANDRUM, PIN - 695004

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2 THE EXECUTIVE ENGINEER ELECTRICAL DIVISION, KSEB LTD, HARIPAD PO, PIN – 695014

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SRI.B.PRAMOD-R1 & R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2024, ALONG WITH WP(C).4044/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos.4044 & 4350 of 2024

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¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
WP(C) NO. 4044 OF 2024

¶21

PETITIONERS:

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1CITY VISION
1ST FLOOR, PATTATHIL BUILDING PADAM STOP,
KP VALLON ROAD

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KADAVANTHARA, KOCHI

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REPRESENTED BY MR RAMAKRISHNAN KK

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ITS SOLE PROPRIETOR, PIN - 682020

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2 EXTRA NET SUPPORTS PVT LTD, (FORMERLY DWAN SUPPORTS PVT LTD 39/4012, DIWAN BUILDING KARIMPATTA CROSS ROAD, KOCHI

¶27

REPRESENTED BY MR. M.D. RAMACHANDRAN NAIR
ITS MANAGING DIRECTOR, PIN - 682016

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3 STAMPADE CABLE SERVICES BUILDING NO IX/519,520 VENGOOR, ERNAKULAM DIST REPRESENTED BY MR MUHAMMAD ALY ITS SOLE PROPRIETOR, PIN – 683546

¶29

BY ADVS.
SAJI VARGHESE T.G
MARIAM MATHAI

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RESPONDENTS:

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1 THE EXECUTIVE ENGINEER ELECTRICAL DIVISION, VYDYUDHI BHAVAN POWER HOUSE ROAD, ERNAKULAM, PIN - 682018

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2 THE EXECUTIVE ENGINEER ELECTRICAL DIVISION, NORTH PARAVOOR VADAKKUMPURAM PO, PIN - 683521

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WP(C) Nos.4044 & 4350 of 2024

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3 THE EXECUTIVE ENGINEER ELECTRICAL DIVISION MATTANCHERI, PIN - 682005

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4 THE EXEUTIVE ENGINEER ELECTRICAL DIVISION THRIPUNITHURA, PIN - 682301

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5 THE EXECUTIVE ENGINEER ELECTRICAL DIVISION PERUMBAVOOR, PIN - 683542

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6 THE DIRECTOR (DISTRIBUTION) KSEB, VAIDYUTHI BHAVAN PATTOM, TRIVANDRUM, PIN – 695004

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SRI.B.PRAMOD (STANDING COUNSEL)

¶40

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2024, ALONG WITH WP(C).4350/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

WP(C) Nos.4044 & 4350 of 2024
 4

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JUDGMENT

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Dated this the 27^th day of May, 2024

¶44

[W.P.(C) Nos.4044 & 4350 of 2024]

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The petitioners, who are Cable TV Operators, have approached this Court aggrieved by the attempt of the respondents to remove unauthorised cables. The grievance of the petitioners is that under the guise of removing unauthorised cables, the authorised cables of the petitioners for which pole rent is being paid, are also being removed at certain places. The petitioners therefore submit that before removing the cables engaging illiterate migrant workers, the petitioners should be given notice, so that the petitioners can ensure that the authorised cables are not illegally removed.

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Standing Counsel submitted that the petitioners

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and similarly situated Cable TV Operators were directed to tag their authorised cables separately, so that while removing

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WP(C) Nos.4044 & 4350 of 2024
 5

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unauthorised cables, the authorised ones will not be removed. The respondents were granted time for the same.

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I find that these writ petitions have been filed on 31.01.2024 and 02.02.2024. The petitioners had ample opportunity to tag the cables. If the petitioners’ authorised cables are tagged properly, the removal of unauthorised cables can be easily done, without causing any damage to the authorised cables.

¶51

In the facts of the case, these writ petitions are disposed of granting the petitioners two more weeks’ time as a last chance for tagging their authorised cables, for which pole rent

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is being paid. The respondents will be at liberty to proceed with removal of unauthorised cables after a period of two weeks from today.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) Nos.4044 & 4350 of 2024

¶58

¶59

APPENDIX OF WP(C) 4044/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE CASH RECEIPT NO
EB/ERP/381/06012024/37467/CSH/RCPT/1
DATED 6.1.2024 ISSUED BY THE OFFICE OF
THE FIRST RESPONDENT TO THE FIRST
PETITIONER EVIDENCING PAYMENT OF RS
36,206/- TOWARDS POLE RENTAL FOR THE
ABOVE 384 NUMBER OF POLES FOR QUARTER
4 OF THE YEAR 2023-24

¶62

Exhibit P2TRUE COPY OF THE CASH RECEIPT NO
EB/ERP/381/03012024/37131/OLN/RCPT/1
DATED 3.1.2024 ISSUED BY THE OFFICE OF
THE FIRST RESPONDENT TO THE 2ND
PETITIONER EVIDENCING PAYMENT OF RS
2,07,295/- TOWARDS POLE RENTAL FOR
QUARTER 4 OF THE YEAR 2023-24 FOR 2303
NUMBER OF POLES ALLOTTED BY THE FIRST
RESPONDENT

¶63

Exhibit P3TRUE COPY OF THE CASH RECEIPT NO
EB/ERP/384/30122023/36660/OLN/RCPT/1
DATED 30.12.2023 ISSUED BY THE OFFICE
OF THE 5TH RESPONDENT TO THE FIRST
PETITIONER EVIDENCING PAYMENT OF RS
42,426/- TOWARDS POLE RENTAL FOR THE
ABOVE 525 POLES FOR QUARTER 4 OF THE
YEAR 2023-24

¶64

Exhibit P4TRUE COPY OF THE NOTICE NO
EDE/ERB/CABLE TV/2023-24/1517 DATED
1/2024 ISSUED BY THE FIRST RESPONDENT
TO THE SECOND PETITIONER

¶65

Exhibit P5TRUE COPY OF THE NOTICE NO GB1/CABLE
TVSPECIALDRIVE/2023-24DATED
19.1.2024 ISSUED BY THE THIRD
RESPONDENT TO THE SECOND PETITIONER

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WP(C) Nos.4044 & 4350 of 2024

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`Exhibit`	`P6`	`7` `TRUE COPY OF`	`THE LETTER NO`
		`EDE/RB/CABLE TV`	`/2023-24/1490 DATED`
		`19.1.2024 ISSUE` `RESPONDENT TO THE`	`D BY THE FIRST` `FIRST PETITIONER`
`Exhibit`	`P7`	`TRUE COPY OF THE`	`REPRESENTATION FILED`
		`BY THE FIRST` `27.1.2024 BEFORE T`	`PETITIONER DATED` `HE FIRST RESPONDENT`
`Exhibit`	`P8`	`TRUE COPY OF THE` `BY THE 2ND PETITI` `BEFORE THE 1ST RES`	`REPRESENTATION FILED` `ONER DATED 29.01.2024` `PONDENT`
`Exhibit`	`P9`	`TRUE COPY OF THE` `BY THE 2ND PETITI` `BEFORE THE THIRD R`	`REPRESENTATION FILED` `ONER DATED 29.01.2024` `ESPONDENT`
`Exhibit`	`P10`	`TRUE COPY OF THE` `BY THE 2ND PETITI` `BEFORE THE FOURTH`	`REPRESENTATION FILED` `ONER DATED 29.01.2024` `RESPONDENT`
`Exhibit`	`P11`	`TRUE COPY OF THE` `BY THE 3RD PETIT` `BEFORE THE FIFTH R`	`REPRESENTATION FILED` `IONER DATED 27.1.2024` `ESPONDENT`

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WP(C) Nos.4044 & 4350 of 2024

¶69

¶70

APPENDIX OF WP(C) 4350/2024

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE LATEST LICENSE` `28/04/2023`	`DATED`
`Exhibit P2`	`A TRUE COPY OF THE LAST AGR` `EXECUTED BETWEEN THE PETITIONE` `THE 2ND RESPONDENT DATED 28/04/20`	`EEMENT` `R AND` `23`
`Exhibit P3`	`TRUE COPY OF THE LATEST RECEIPT` `28/04/2023 EVIDENCING PAYMENT OF` `RENT FOR THE FINANCIAL YEAR 202` `TO THE KSEB ELECTRICAL DIV` `HARIPAD`	`DATED` `POLE` `3-2024` `ISION,`
`Exhibit P4`	`A TRUE COPY OF THE NOTICE` `22/01/2024 (SERVED ON 27/01/2024)`	`DATED`
`Exhibit P5`	`TRUE COPY OF THE REPRESENTATION` `31/01/2024 SUBMITTED TO THE` `RESPONDENT WITH COPY TO THE DI` `COLLECTOR AND POLICE AUTHORITIES`	`DATED` `2ND` `STRICT`
`Exhibit P6`	`TRUE COPY OF THE REQUEST` `22/07/2023 TO THE 2ND RESP` `SUBMITTED BY THE PETITIONER`	`DATED` `ONDENT`
`Exhibit P7`	`TRUE COPY OF THE REQUEST` `04/09/2023 TO THE 2ND RESP` `SUBMITTED BY THE PETITIONER`	`DATED` `ONDENT`
`Exhibit P8`	`TRUE COPY OF THE REQUEST` `21/11/2023 TO THE 2ND RESP` `SUBMITTED BY THE PETITIONER`	`DATED` `ONDENT`
`Exhibit P9`	`TRUE COPY OF THE PHOTOGRAPH S` `THE CABLES DRAWN THROUGH ONE EL` `POST` `AT` `ELECTRICAL` `SE` `KARTHIKAPALLY, THROUGH WHICH` `PETITIONER HAS ALSO DRAWN CABLE` `ON EXHIBIT P-2`	`HOWING` `ECTRIC` `CTION,` `THE` `BASED`

City Vision v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

City Vision v. the Executive Engineer

Case brief

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What did the court decide?

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