Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 23RD DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945 OP(C) NO. 2573 OF 2023 AGAINST OP 89/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/PETITIONERS/PLAINTIFFS:
1 SHINE M.D.
AGED 56 YEARS S/O DIVAKARAN, KIZHAKKEMURI, EZHUPUNNA VILLAGE, ERAMALLOOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN-688 537 (KENSOMIC CABLE NET WORK, MANAPPURAM P.O., THYCATTUSSERY VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, CABLE OPERATOR REG. NO.270, CHERTHALA HEAD POST OFFICE)., PIN - 688526 2 JAYAKRISHNAN R.
AGED 49 YEARS S/O P.N. RAMAKRISHNA KURUP, PUNAYATH KIZHAKKECHIRA, VAYALAR VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN-688 536 (RR CABLE VISION, PALLIPPURAM P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, CABLE OPERATOR REG. NO.239, CHERTHALA HEAD POST OFFICE)., PIN - 688541 3 SHAJI T.S.
AGED 52 YEARS S/O SIVADASAN, THEKKE ELAKAT, THIRUNELLOOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN-688 541 (SMRITHIN, THIRUNELLOOR VILLAGE, ALAPPUZHA DISTRICT, CABLE OPERATOR REG. NO.268, CHERTHALA HEAD POST OFFICE)., PIN - 688541 4 JOSHIMON AGED 52 YEARS S/O DIVAKARAN, MUNDODI HOUSE, ERAMALLOOR P.O., EZHUPUNNA VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN-688 537 (KENSONIC CABLE NETWORK, THRICHATTUKULAM, PANAVALLY VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT, CABLE OPERATOR REG.
NO.264, CHERTHALA HEAD POST OFFICE)., PIN - 688526 5 D. MADHU AGED 49 YEARS S/O DAMODARAN PILLAI, MALIAKAL HOUSE, PALLIPPURAM VILLAGE AND POST, CHERTHALA TALUK, ALAPPUZHA DISTRICT, (DM VISION, PALLIPPURAM -CABLE OPERATOR REG. NO.271, CHERTHALA HEAD POST OFFICE)., PIN - 688541 6 ARAVINDAKSHAN AGED 54 YEARS S/O PRABHAKARAN NAIR, KANNEZHATH NIKARTHIL, PALLIPPURAM VILLAGE AND POST, CHERTHALA TALUK, ALAPPUZHA DISTRICT, (SREEKARTHIAYANI CABLE VISION, THYCATTUSSERY, CHERTHALA - CABLE OPERATOR REG. NO.277, CHERTHALA HEAD POST OFFICE)., PIN - 688541 BY ADVS.
V.N.SANKARJEE V.N.MADHUSUDANAN
O.P.(C).No. 2573 of 2023 ..2..
R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR SINEESH K.M.
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT, PIN - 682036 2 THE PRESIDENT CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G- 21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 3 THE GENERAL SECRETARY CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G- 21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 4 THE KERALA COMMUNICATORS CABLE LIMITED COA BHAVAN, 1ST FLOOR, 4TH CROSS ROAD, THOUNDAYIL ROAD, PANAMPILLY NAGAR, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 682036 5 THE KERALA VISION CHANNEL BROADCASTING LIMITED, HAVING ITS REGISTERED OFFICE AT BUILDING NO. CC 26/491A, B, C, GIRI NAGAR, KADAVANTHRA, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682020 6 THE KERALA VISION BROADBAND LIMITED 1ST FLOOR, 2/72A, UZHALOOR TEMPLE ROAD, SOUTH THORAVU, PUTHUKKAD, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680301 7 KCCL DIGITAL SERVICES PVT. LIMITED, 1ST FLOOR, 2/72A, UZHALOOR TEMPLE ROAD, SOUTH THORAVU, PUTHUKKAD, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 680301 8 THE KERALA STATE CABLE INTERNET DEVELOPMENT CO- OPERATIVE SOCIETY (CIDCO) LTD. NO. 4430 C.C. 15/1963, 1ST FLOOR, GANAPATHI TEMPLE ROAD VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM., PIN - 695014 9 THE KRIPA MANIBEN CHANNEL LIMITED (KMCN) EAST OF KSRTC BUS STAND, KALIKULAM, CHERTHALA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PARTNERS (1) SUNIL LAL AND (2) AJITH DAS., PIN - 688524
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10 THE ALLEPPEY VISION LLP LIMITED STUDIO COMPLEX, MAYITHARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY ITS DESIGNATED PARTNER., PIN - 688539 11 ALLEPPEY BROADCASTING LIMITED VIMALA BUILDINGS, INSAT CABLE VISION, MUHAMMA- KANJIKUZHI ROAD, NEAR PANTHEZHAM, ALAPPUZHA DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 688525 12 ABOOBACKER SIDDIQUE AGED 65 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, PRESIDENT, THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 13 K.V. RAJAN (RAJAN NAMBIAR) AGED 63 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, GENERAL SECRETARY, THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 14 SIBI AGED 54 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, TREASURER, THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 15 NISAR AGED 52 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, SECRETARY, THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 16 VIJAYAKRISHNAN K.
AGED 62 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, STATE EXECUTIVE MEMBER, THE CABLE TV OPERATORS ASSOCIATION (COA) COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 17 K. GOVINDAN AGED 65 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER, CHAIRMAN, THE KERALA COMMUNICATORS CABLE LIMITED, COA BHAVAN, 1ST FLOOR, 4TH CROSS ROAD, THOUNDAYIL ROAD, PANAMPILLY NAGAR, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN - 682036 18 P.P. SURESH, AGED 54 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, THE MANAGING DIRECTOR, THE KERALA COMMUNICATORS CABLE LIMITED, COA BHAVAN, 1ST FLOOR, 4TH CROSS ROAD,
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THOUNDAYIL ROAD, PANAMPILLY NAGAR, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN - 682036 19 PRAVEEN MOHAN AGED 55 YEARS FATHER'S NAME NOT KNOWN TO THE PLAINTIFFS, BROADCASTING CHAIRMAN, THE KERALA VISION CHANNEL BROADCASTING LIMITED, HAVING ITS REGISTERED OFFICE AT BUILDING NO. CC 26/491A, B, C, GIRI NAGAR, KADAVANTHRA, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682020 20 AJITHDAS AGED 60 YEARS S/O. RAMDAS, EXECUTIVE MEMBER OF THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 21 SHIBU AGED 50 YEARS S/O. SANTHAN, SHIBHU NIVAS, S.L. PURAM P.O., AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, DISTRICT SECRETARY OF COA AND DIRECTOR (MEMBER OF BOARD OF DIRECTORS) ALLEPPEY VISION, PIN - 688532 22 SURESH BABU AGED 55 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONERS, BABU NIVAS, C.M.C.-8, CHERTHALA NORTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688524 23 MADHU AGED 54 YEARS S/O PURUSHAN, VELIYIL NIVARTHIL, THURAVOOR P.O., KUTHIATHODE VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688532 24 VINOD ALIAS VINODHU KUMAR AGED 50 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONERS, 'NILA', VARANAD P.O., CHERTHALA, ALAPPUZHA DISTRICT ., PIN - 688543 25 JAMES MATHEW AGED 54 YEARS S/O. MATHEW, KILIYANTHARA HOUSE, MUTTATHIPARAMBU P.O., CHERTHALA, ALAPPUZHA DISTRICT., PIN - 688527 26 C.K. RAJEEEV AGED 65 YEARS S/O. P.K. KRISHNAPPAN, KRISHNA KRIPA, CMC 21, CHERTHALA P.O., MARARIKULAM COA MEGHALA EXECUTIVE, ALLEPPEY VISION LIMITED LIABILITY PARTNERSHIP, DESIGNATED PARTNER, PIN - 688524 27 A.V. SABU AGED 55 YEARS S/O. VASUDEVAN, ALAPARAMBIL HOUSE, THYCAL P.O.,
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CHERTHALA - 688 530, THE ALLEPPEY VISION LLP LIMITED, STUDIO COMPLEX, MAYITHARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688539 28 C. SATHYAN AGED 60 YEARS S/O. CHELLAPPAN, VADAKKEVILIYIN, S.L. PURAM P.O., ALAPPUZHA - 688 523, THE ALLEPPEY VISION LLP LIMITED, STUDIO COMPLEX, MAYITHARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, (BOARD MEMBER)., PIN - 688539 29 BINU SIVADAS AGED 50 YEARS S/O. SIVADASAN, EXECUTIVE MEMBER (FORMER GENERAL SECRETARY), THE CABLE TV OPERATORS ASSOCIATION (COA), COA BHAVAN, G-21, PANAMPILLY NAGAR, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI., PIN - 682036 30 MOHAMMED FAROOQ AGED 48 YEARS S/O. BASHEER, ARAKKAL HOUSE, NADUVATH NAGAR P.O. WARD NO. XII, AROOKUTTY GRAMA PANCHAYAT, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 526.(VADUTHALA VISION, NADUVATH NAGAR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688526 31 SUVARNAN AGED 65 YEARS S/O. THANKAPPAN, PUTHUVAL NIKARTHIL (MEENAKSHI NILAYAM), VAYALAR P.O., CHERTHALA, PIN - 688 536, DESIGNATED PARTNER, THE ALLEPPEY VISION LLP LIMITED, STUDIO COMPLEX, MAYITHARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688539 32 YESUDAS AGED 45 YEARS S/O. ANTONY, MUPPASSEERY HOUSE, ARTHUNKAL P.O, CHERTHALA, PIN - 688 530, DESIGNATED PARTNER AND FORMER ALAPPUZHA DISTRICT COMMITTEE MEMBER, THE ALLEPPEY VISION LLP LIMITED, STUDIO COMPLEX, MAYITHARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688539 33 AJEESH S.
AGED 45 YEARS S/O. SIDHARTHAN, ANEESH NILAYAM, KADAKKARAPPALLY P.O., CHERTHALA, PIN - 688 529, DESIGNATED PARTNER AND FORMER ALAPPUZHA DISTRICT COMMITTEE MEMBER, THE ALLEPPEY VISION LLP LIMITED, STUDIO COMPLEX, MAYITHARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688539 34 STAR INDIA PRIVATE LIMITED, TMS SQUARE NH BY PASS EDAPPALLY KOCHI ERNAKULAM KERALA, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 682024 35 SUN NETWORK
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KAL MEDIA SERVICES PVT. LTD. C/O. SURYA TV., HEAVENLY PLAZA, 1ST AND 2ND FLOORS, CIVIL LANE ROAD, PADAMUGHAL, THRIKKAKARA P.O., KOCHI., PIN - 680021 36 FLOWER TV INSIGHT MEDIA CITY (INDIA) PRIVATE LTD, X78X+X7P, ABM TOWER, KADAVANTHRA, KOCHI, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682020 37 THE FEDERAL BANK LTD.
PANAMPILLY NAGAR BRANCH, IFSC- FDRL0001316, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 682036 38 THE SOUTH INDIAN BANK LTD.
PANAMPILLY NAGAR BRANCH, SIBL0000572, KANAYANNUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER., PIN – 682036 BY ADV.K.K. JOHN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T Dated this the 23rd day of November, 2023 The petitioner is aggrieved by the action on the part of the respondents in blocking their Digital ID, when the Original Petition, O.P.No.89/2023, is pending consideration before the District Court, Ernakulam.
2.
This Court notice that, the petitioner had not approached the said court, with the said grievance. Instead, the petitioner has chosen to approach this Court under Article 227 of the Constitution of India, a course which cannot be recognized legally.
3.
Leaving open the liberty of the petitioner to approach the District Court, Ernakulam, where O.P.No.89/2023 is pending, seeking appropriate
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relief in view of the changed circumstances and the subsequent event, this Original Petition will stand closed.
Sd/- C. JAYACHANDRAN JUDGE TR
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APPENDIX OF OP(C) 2573/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORIGINAL PETITION DATED 31.3.2023, O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-2 TRUE COPY OF UNNUMBERED SUIT ACCOMPANIED TO O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-3 TRUE COPY OF I.A. NO. 3/2023 ACCOMPANIED TO O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-4 TRUE COPY OF I.A. NO. 1/2023 ACCOMPANIED TO O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-5 TRUE COPY OF THE E-COURT STATUS AS DOWNLOADED FROM THE OFFICIAL WEBSITE Exhibit P-6 TRUE COPY OF THE PRELIMINARY COUNTER DATED 26.10.2023 OF RESPONDENTS 1TO 3 AND 12 TO 16 IN O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-7 TRUE COPY OF THE PRELIMINARY COUNTER DATED 26.10.2023 OF THE 4TH AND 18TH RESPONDENTS IN O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-8 TRUE COPY OF THE NOTICE ISSUED BY REGISTERED POST ON26.10.2023 WITH ACKNOWLEDGEMENT DUE BY THE PETITIONERS TO RESPONDENTS 1, 4, 5, 9 AND 10 TOGETHER WITH POSTAL RECEIPTS (5 IN NUMBER) AND ACKNOWLEDGEMENTS (4 IN NUMBER) Exhibit P-9 TRUE COPY OF THE 1ST RESPONDENT CABLE TV OPERATORS ASSOCIATION BYLAW BEING THE DOCUMENT NO.1 IN THE LIST APPENDED TO EXHIBIT P2 SUIT ACCOMPANIED TO O.P.
NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM
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Exhibit P-10 TRUE COPY OF THE 1ST RESPONDENT CABLE TV OPERATORS ASSOCIATION BYLAW (AMENDED IN 2016) BEING THE DOCUMENT NO.2 IN THE LIST APPENDED TO EXHIBIT P2 SUIT ACCOMPANIED TO O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-11 TRUE COPY OF THE ANNUAL REVIEW REPORT OF THE 1ST RESPONDENT CABLE TV OPERATORS ASSOCIATION (COA) ALAPPUZHA DISTRICT CONVENTION BEING THE DOCUMENT NO.3 IN THE LIST APPENDED TO EXHIBIT P2 SUIT ACCOMPANIED TO O.P. NO. 89/2023 PENDING BEFORE THE PRINCIPAL DISTRICT COURT, ERNAKULAM Exhibit P-12 TRUE COPY OF RELEVANT PAGES (PAGES 1 TO 9 AND 62 TO 71) OF THE NOTICE TO SHOW CAUSE DATED 8.7.2021 - O. R. NO.
33/2020-21(GST)SCN NO. 06/2020-21 GST (TRU)-JD DIN: 202107DSS50000888D02 ISSUED BY THE JOINT DIRECTOR, DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE TO THE 4TH RESPONDENT