Kerala High Court
P.R.Ajayakumar vs Kerala State Electricity Board - ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42778 OF 2022
PETITIONER:
P.R.AJAYAKUMAR
AGED 59 YEARS
S/O RAGHAVAN, OLICKAL HOUSE,
CHERUKULANJI P.O, VALIYAKULAM, RANNI,
PATHANAMTHITTA DISTRICT PIN- 689 673
BY ADVS.
M.T.SURESHKUMAR
R.RENJITH
MANJUSHA K
SREELAKSHMI SABU
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD - KSEB
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
PIN- 695004, REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR.
2 ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB SECTION, RANNI SOUTH,
PATHANAMTHITTA - PIN 689 672.
3 SANTHOSH T K
AGED 44 YEARS
S/O THANKAPPAN, KUNNAMPALLY HOUSE, CHELLAKKAD P
O , PAZHAVANGADI, RANNI, PATHANAMTHITTA
DISTRICT, PIN - 689673
OTHER PRESENT:
SRI.SUNIL KURIAKOSE SR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 42778 OF 2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C)No. 42778 of 2022
-------------------------------
Dated this the 6th day of January , 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
" a. To issue a writ, order or direction in the
nature of mandamus directing the respondents 1
and 2 not to dismantle the Cable and Internet
Connections provided by the petitioner as the
proprietor of Karthika Communications Cable TV
Network, Ranni till the proceedings in PLP No. 290
of 2022 of permanent Lok Adalath, Ranni is
concluded.
b. To issue a direction to the respondents
to furnish the details of the defaulted payments to
the petitioner within a time limit.
c. Issue such other reliefs that may be
urged at the time of hearing which this Honourable
Court may deem fit and proper in the facts and
circumstances of the case; " (SIC)
2. The main prayer in this writ petition is for
issuing appropriate direction to respondent Nos. 1 and 2
not to dismantle the Cable and Internet connections
provided by the petitioner as the proprietor of Karthika
communication Cable TV network till the proceedings in
PLP No.290 of 2022 of Permanent Lok Adalath, Ranni is
WP(C) NO. 42778 OF 2022
concluded.
3. Heard the learned Counsel for the petitioner and
the learned Standing Counsel appearing for the Electricity
Board.
4. Admittedly, the petitioner approached the
Permanent Lok Adalath, Ranni with a petition to resolve
the issue. If that is the case, the petitioner has to pursue
that remedy before the Permanent Lok Adalath. Since the
matter is seized by the Permanent Lok Adalath, this
Court need not interfere in the matter. For facilitating the
petitioner to approach the Permanent Lok Adalath for
getting appropriate orders the coercive steps against the
petitioners establishment can be deferred for a period of
three weeks.
5. Moreover, when this writ petition is came up for
consideration on 27/12/2022, this Court passed the
following order;
" The learned Standing Counsel to get instructions.
Post on 05.01.2023 along with W.P.(C ) No.
42006/2022.
Till such time, the cable and internet connections
WP(C) NO. 42778 OF 2022
provided by the petitioner under the name and style
Karthika Commuications Cable TV network, Ranni shall
not be dismantled."
Therefore, this writ petition is disposed of extending
the interim order dated 27/12/2022 for a further period of
three weeks.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
SAAP
WP(C) NO. 42778 OF 2022
APPENDIX OF WP(C) 42778/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 14-
12-2021 EXECUTED BETWEEN THE
PETITIONER AND THE 3RD RESPONDENT
ALONG WITH TRANSLATION.
Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED
19-9-2022 VIDE NO.
RB/ED/PTA/CABLE/2022-23/654 ISSUED BY
THE EXECUTIVE ENGINEER, KSEB ALONG
WITH TRNSLATION
Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED
20-10-2022 VIDE NO. DB-CABLE
TV/AEE/ESD-RNY/22-23 ALONG WITH
TRANSLATION
Exhibit P4 A TRUE COPY OF THE REPLY DATED 12-11-
2022 ISSUED BY THE PETITIONER
Exhibit P5 A TRUE COPY OF THE REPRESENTATION
DATED 7-12-2022 SUBMITTED BEFORE THE
EXECUTIVE ENGINEER, AZHOOR,
PATHANAMTHITTA ALONG WITH TRANSLATION
Exhibit P6 A TRUE COPY OF THE PRE-LITIGATION
PETITION FILED UNDER S. 22 C OF THE
LEGAL SERVICES AUTHORITIES ACT 1987
DATED 7-12-2022
Exhibit P7 A TRUE COPY OF THE LETTER NO. RB/ED-
P.T.A/CABLE/2022-23/947 ISSUED BY THE
EXECUTIVE ENGINEER DATED 8-12-2022
ALONG WITH TRNASLATION
Exhibit P8 A TRUE COPY OF THE ROUTE SKETCH OF THE
EXISTING ROUTE AND THE EXPANDED ROUTE
REQUIRED, SUBMITTED BEFORE THE KSEB
AUTHORITIES DATED NIL.
//True copy// PA to Judge
WP(C) NO. 42778 OF 2022
