Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946 WP(C) NO. 24824 OF 2024 PETITIONER/S:
PRAMEELA AGED 45 YEARS D/O RAMAKRISHNAN RESIDING AT RAMAKRISHNAN EDAMPADAM, KANNANKULANGARA, THEKKUMBHAGAM, THRIPPUNITHURA KOCHI PALACE P.O ERNAKULAM, DOING BUSINESS AS ARCHA CABLE NETWORK., PIN - 682301 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, VYDYUTHI BHAVANAM, THRIPPUNITHURA, PIN - 682031 8 ASSISTANT ENGINEER
WP(C) NO. 24824 OF 2024 -2- OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, THRIPUNITHURA SECTION OFFICE KOTTAKAKOM, THRIPUNITHURA, PIN - 682031 9 ASSISTANT ENGINEER OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, VYDYUTHI BHAVANAM, THIRUVANKULAM - CHOTTANIKKARA RD, CHOTTANIKKARA, THRIPPUNITHURA, THIRUVANKULAM, KERALA, PIN - 682312 10 ASSISTANT ENGINEER OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, VYDYUTHI BHAVANAM, MULANTHURUTHY, KERALA, PIN - 682314 11 ASSISTANT ENGINEER OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, VYDYUTHI BHAVANAM, NEAR NSS SAMAJAM AUDITORIUM, EROOR SOUTH, EROOR, ERNAKULAM, KERALA, PIN - 682306 SRI.B. PREMOD-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24824 OF 2024 -3- JUDGMENT The present writ petition is filed with the following prayers:
1. To issue a writ of certiorari or other appropriate writ, order or direction quashing the Exhibits P7 demand notices and calculations issued by the respondent no.7 and 8.
2. To call for the records and to issue a writ of mandamus or other appropriate writ, order or direction quashing and declaring the Exhibit P-10 Order to the extent of fixing separate rates as applicable to cable TV operators for services such as 2G/3G/4G services/mobile communication as unconstitutional and discriminatory.
3. To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to permit the petitioners to draw optical fibre cables through the electrical poles on the basis of the pole rental rates as fixed under the Exhibit P-11 Government Order.
4. To direct the respondents not to dismantle, damage or destroy any of the cables drawn by the petitioners
WP(C) NO. 24824 OF 2024 -4- through the electric poles as long as the petitioner is paying the rentals as per Exhibit P-11 Government Order.
5. To declare that Petitioner is not liable to pay any amount as arrears before she started the activities as evidenced by Exhibit P1 GST Certificate, P-2 Post Office Registration and P3 to P-6 requests.
2. The learned Counsel for the petitioner submits that the issue involved in the writ petition is covered by the judgment dated 14.06.2024, issued by this Court in W.P.(C)No.38259 of 2023 and connected cases. In view thereon, the present writ petition is also disposed of in terms of the said judgment. The petitioner is directed to appear before the Secretary, the Kerala State Electricity Board, on 22.07.2024, for deciding the issue in terms of the judgment dated 14.06.2024, referred to above, as directed by this Court.
The writ petition is disposed of accordingly.
Sd/- DINESH KUMAR SINGH JUDGE uu 11.07.2024
WP(C) NO. 24824 OF 2024 -5- APPENDIX OF WP(C) 24824/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATE 3/12/2022 IS ISSUED BY THE STATE TAX OFFICER CTO I CIRCLE, THRIPPUNITHURA.
Exhibit P2 TRUE
COPY
OF
THE
REGISTRATION CERTIFICATE BEARING NO. EK-782 DATED 22.12.2023 ISSUED BY DEPARTMENT OF POSTS, INDIA, OFFICE OF THE SENIOR POST MASTER ERNAKULAM HEAD POST OFFICE DATED 22/12/2023.
Exhibit P3 TRUE COPY OF THE REQUEST DATED 25/03/2023 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT ENGINEER OF 11TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE REQUEST DATED 25/3/2023 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT ENGINEER OF 9TH RESPONDENT.
Exhibit P5 TRUE COPY OF REQUEST DATED 4/8/2023 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT ASSISTANT ENGINEER ELECTRICAL SECTION OF 8TH RESPONDENT.
Exhibit P6 TRUE COPY OF THE REQUEST DATED 25/03/2023 SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT ENGINEER OF ELECTRICAL SECTION OF 10TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE DEMAND NOTICE DATED 23/4/2024 ISSUED BY THE RESPONDENT EXECUTIVE ENGINEER, KSEB, ELECTRICAL DIVISION, THIPPUNITHURA.
Exhibit P8 TRUE COPY OF THE G.O.(MS) NO.
9/2021/POWER DATED 26.02.2021.
Exhibit P9 TRUE COPY OF B.O (DB) NO. 514/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) DATED 05.07.2021.
Exhibit P10 TRUE COPY OF THE G.O.(MS) NO.
11/2021/POWER DATED 02.03.2021 Exhibit P11 TRUE COPY OF THE G.O.(MS) NO.
14/2021/POWER DATED 08.07.2021.
Exhibit P12 TRUE COPY OF THE BOARD ORDER B.O(FTD)
WP(C) NO. 24824 OF 2024 -6- NO.614/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) TVPM, DATED 13.08.2021.
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 01.07.2022 IN WP(C) NO.21277/2022.
Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 30.03.2023 IN W.P.(C) 11420/2023.
Exhibit P15 CERTIFIED COPY OF THE JUDGMENT DATED 14.06.2024 IN W.P.(C) 16889/2024.
Exhibit P16 TRUE COPY OF THE LETTER NO. DIRDIT AE6/2022/2023 (4) DATED 12.06.2023, Exhibit P17 TRUE COPY OF THE BOARD ORDER NO. B.O (FTD)
NO.
1666/2018 (D(D&IT)/D5/GENERAL/2017-18/
0007) DATED 18.07.2018.