Shine M.D. vs. The Cable Tv Operators Association (Coa)
Held
The High Court held that the petitioners had not approached the District Court with the specific grievance of Digital ID blocking, and therefore, approaching the High Court under Article 227 was not legally recognized. The Court closed the petition, granting liberty to the petitioners to approach the District Court for appropriate relief regarding the changed circumstances.
Facts
Petitioners approached the High Court under Article 227 of the Constitution of India, aggrieved by the blocking of their Digital ID by the respondents. An Original Petition (O.P.No.89/2023) related to the matter was already pending before the District Court, Ernakulam, but the specific grievance of Digital ID blocking had not been raised there.
Key Issues
Whether the High Court should entertain a petition under Article 227 concerning a grievance not yet presented to the lower court where a related original petition is pending.
Sections Cited
Article 227 of the Constitution of India
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
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,
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