Citation : 2021 Latest Caselaw 14508 Ker
Judgement Date : 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 13852 OF 2021
PETITIONERS:
1 LISCOM SOLUTIONS AND SERVICES PRIVATE LIMITED,
ANJIKKATH ARCADE, SEAPORT-AIRPORT ROAD,
VADAKKODE P.O., KALAMASSERY, ERNAKULAM-682021.
2 CRAYSOL TECHNOLOGIES INDIA PRIVATE LIMITED,
23/602 BEW, 18/49B OLD, CRAYSOL BUILDING,
UNIVESITY ROAD, KALAMASSERY, ERNAKULAM,
KERALA-682022 REPRESENTED BY ITS MANAGING DIRECTOR,
NOBY E.A., AGED 43,
S/O. E ABI, ERALIL HOUSE,
ALUVA, ERNAKULAM.
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF TELECOMMUNICATIONS,
SANCHAR BHAWAN 20, ASHOKA ROAD,
NEW DELHI-110001
2 THE SECRETARY,
MINISTRY OF TELECOMMUNICATIONS,
SANCHAR BHAWAN 20, ASHOKA ROAD,
NEW DELHI-110001
3 TELECOM REGULATORY AUTHORITY OF INDIA,
REP BY ITS NEHRU MARG,
OLD MINTO ROAD, NEW DELHI-110002.
4 DEPARTMENT OF TELECOMMUNICATIONS,
ACCESS SERVICES WING,
12TH FLOOR, SANCHAR BHAWAN 20, ASHOKA ROAD,
NEW DELHI-110001
OTHER PRESENT:
SRI. SUVIN R. MENON / RESPONDENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.13852/2021
-:2:-
Dated this the 13th day of July,2021
J U D G M E N T
The writ petition has been filed praying for
the following reliefs:
i. "To issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the Respondent No.2 to procure M2M connections without insisting for white-listing on both phone numbers and IP address, within a time limit, in the interest of justice.
ii. To issue writ, order or direction in nature of mandamus directing the respondent 2 to 4 to take-up Ext.P6 representation by considering possible changes in security front, which may be made optional for the petitioner to choose from time time whether white-listing is required or not, in the interest of justice.
iii. To issue writ, order or direction in nature of mandamus directing the 2nd respondent that while white-listing is enable, number of white-listed phone and IP address can be decided by the petitioner, in the interest of justice.
iv. To issue writ, order or direction in nature of mandamus directing the respondent 2 to 4, to procure M2M connections without insisting for white-listing on both phone numbers and IP address and considering the possible changes in security front, it may be made optional for the petitioner to choose from time to time whether white listing is required or not and further when white-listing is enabled, number of white listed phone and IP address can be decided by the petitioner, in the interest of Justice."
2. Heard; Sri.Praveen K. Joy, on behalf of
the petitioners and Sri. Suvin R. Memon, on behalf
of the respondents.
3. When the writ petition was taken up for
hearing, the learned counsel for the petitioners W.P.(C)No.13852/2021
submitted that the petitioners will be satisfied
with the direction to respondent Nos.2 to 4 to
consider Ext.P6 representation and pass orders
within a time limit.
In the light of the limited prayer made by
the petitioners, the writ petition is disposed of
directing the respondent Nos.2 to 4 to consider
and pass orders on Ext.P6 representation, within a
period of three months from the date of receipt of
copy of this judgment.
Sd/-
T.R.RAVI,JUDGE
DST //True copy/
P.A.To Judge
W.P.(C)No.13852/2021
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P1 THE TRUE COPY OF CERTIFICATE OF
INCORPORATION DATED 02.01.2009 ISSUED BY ASSISTANT REGISTRAR OF COMPANIES, KERALA.
EXT.P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF FORM GST REG-06 ISSUED BY GOVERNMENT OF INDIA DATED 21.09.2017.
EXT.P3 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF COMMUNICATIONS DATED 09.08.2012.
EXT.P4 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT DEPARTMENT.
EXT.P5 THE TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF COMMUNICATIONS & IT DEPARTMENT OF TELECOMMUNICATIONS DATED 30.05.2019.
EXT.P6 THE TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE RESPONDENTS 2 TO 4 DATED 17.06.2021.
RESPONDENTS' EXHIBITS: NIL
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