Kerala High Court
Asianet Satellite Communications Ltd vs The Assistant Secretary on 28 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.13780/2024 1/3 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 13780 OF 2024
PETITIONER:
ASIANET SATELLITE, COMMUNICATIONS LTD, REGISTERED AND CORPORATE
OFFICE , 2A, 2ND FLOOR, LEELA INFO PARK TECHNOPARK CAMPUS,
KAZHAKOOTTAM TRIVANDRUM- 695 581, REPRESENTED BY ITS SENIOR LEGAL
EXECUTIVE, MR.ALEX JOSE PAIKADA , PIN - 695581
RESPONDENTS:
1. THE ASSISTANT SECRETARY ELECTRICAL DEPARTMENT, THRISSUR CORPORATION
THRISSUR- 680 001 PIN - 680001
2. THE THRISSUR CORPORATION THRISSUR- 680 001 REP BY ITS SECRETARY, PIN
- 680001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay exhibit p11 and p12 on condition that the petitioner pays
rs 30,11,749/-, at the rate of rs 451.5/- per pole (at the yearly increase
of 5% per year), for the year 2023-24, within a period of two weeks,
without prejudice to its contentions.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
04.04.2024 and upon hearing the arguments of M/S SAJI VARGHESE T.G. &
MARIAM MATHAI Advocates for the petitioner, SRI. SANTHOSH P.PODUVAL,
Advocate for R1, the court passed the following:
WP(C) No.13780/2024 2/3 Order Date : 28-05-2024
N.NAGARESH, J.
------------------------------------------------
W.P.(C) No.13780 of 2024
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Dated this the 28th day of May, 2024
ORDER
Interim order is extended by one month.
Post on 11.06.2024.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.13780/2024 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 13780/2024
Exhibit P1 TRUE COPY OF THE AWARD OF THE DISTRICT LEGAL SERVICE
AUTHORITY TRIVANDRUM DATED 8.8.2014
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT
IN WP(C) 11872 OF 2013 AND WP(C) 19747 OF 2014
Exhibit P3 TRUE COPY OF THE INTERIM ORDER OF STAY DATED 25.9.2018
PASSED BY THIS HON'BLE COURT IN WP(C) NO 29878 OF 2018
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 27.12.2019 PASSED
BY THIS HON'BLE COURT IN WP(C) NO 35892 OF 2019
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 26/11/2020 PASSED
BY THIS HON'BLE COURT IN WP(C) NO 25574 OF 2020
Exhibit P6 TRUE COPY OF THE ORDER GO (MS) NO 9/2021/POWER DATED
26.2.2021 ISSUED BY THE GOVERNMENT OF KERALA
Exhibit P6(a) TRUE COPY OF THE AMENDMENT G.O. 11/2021/POWER DATED
2.3.2021, THE ANNUAL INCREASE IN POLE RENTALS FROM
1.4.2021 IS REDUCED TO 3% INSTEAD OF 5% AS PER EXHIBIT
P1
Exhibit P7 MINISTRY OF COMMUNICATIONS (DEPARTMENT OF
TELECOMMUNICATIONS) NOTIFICATION G.S.R. 1070(E) DATED
15TH NOVEMBER, 2016 PUBLISHING THE INDIAN TELEGRAPH
RIGHT OF WAY RULES, 2016
Exhibit P8 MINISTRY OF COMMUNICATIONS (DEPARTMENT OF
TELECOMMUNICATIONS) NOTIFICATION NO G.S.R. 749(E) DATED
21ST OCTOBER, 2021 PUBLISHING THE RULES FURTHER TO
AMEND THE INDIAN TELEGRAPH RIGHT OF WAY RULES, 2016
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT DATED 15.11.2021 IN WPC NO. 25201/2021
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT DATED 6.09.2022 IN WPC NO. 29079/2022
Exhibit P11 TRUE COPY OF THE NOTICE NO ED1-326/23 DATED 12.12.2023
ISSUED BY THE FIRST RESPONDENT
Exhibit P12 TRUE COPY OF THE DECISION NO 24 OF THE COUNCIL OF THE
FIRST RESPONDENT DATED 10.11.2023
