Kerala High Court
Asianet Satellite Communications Ltd vs The Assistant Secretary on 7 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) No.38386/2024 1/3 Order Date : 07-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
WP(C) NO. 38386 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
MUNICIPAL OFFICE ROAD, THEKINKADU MAIDAN, THRISSUR, PIN - 680001
2. THE THRISSUR CORPORATION, MUNICIPAL OFFICE ROAD, THEKINKADU MAIDAN,
THRISSUR, REPRESENTED 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 P16 and P17 on condition that the petitioner pays
an amount of Rs.31,62,303/- at the rate of Rs. 474.07 per pole (at the
yearly increase of 5% per year) for the year 2024-25, within a period of
two weeks without prejudice to its contentions in the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. SAJI VARGHESE T.G & MARIAM MATHAI, Advocates for the petitioner and
SRI. SANTHOSH P.PODUVAL, Advocate for the respondents, the court passed
the following:
WP(C) No.38386/2024 2/3 Order Date : 07-11-2024
D. K. SINGH, J.
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W.P.(C) No. 38386 of 2024
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Dated this the 7th day of November, 2024
ORDER
As an interim measure, it is directed that the petitioner
shall pay an amount of Rs.474.07 per pole. The payment shall
be subject to the final outcome of the writ petition.
Post along with W.P.(C.) No.30646/2024
Sd/-
D. K. SINGH
JUDGE
AP
WP(C) No.38386/2024 3/3 Order Date : 07-11-2024
APPENDIX OF WP(C) 38386/2024
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 DATED
27.8.2014
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 ABOVE ORDER GO (MS) NO 9/2021/POWER
DATED 26.2.2021, ISSUED BY THE GOVERNMENT OF KERALA
Exhibit 6(a) TRUE COPY OF G.O. NO. 11/2021/POWER DATED 2.3.2021
Exhibit 6(b) TRUE COPY OF THE BOARD ORDER (FTD) NO.747/2021
(ESTT.XI/ASIANET/2020-21) DATED 7.10.2021
Exhibit P7 TRUE COPY OF NOTIFICATION NO. G.S.R. 1070(E) DATED 15TH
NOVEMBER, 2016 PUBLISHING THE INDIAN TELEGRAPH RIGHT OF
WAY RULES, 2016 ISSUED BY MINISTRY OF COMMUNICATIONS
(DEPARTMENT OF TELECOMMUNICATIONS)
Exhibit P8 TRUE COPY OF THE 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
ISSUED BY 11. MINISTRY OF COMMUNICATIONS (DEPARTMENT OF
TELECOMMUNICATIONS)
Exhibit P8(a) TRUE COPY OF THE NOTIFICATION NO GSR 635(E) DATED
17.8.2022 ISSUED BY MINISTRY OF COMMUNICATIONS
(DEPARTMENT OF TELECOMMUNICATIONS)
Exhibit P8(b) TRUE COPY OF THE THE CLARIFICATION NO. 2-10/2022-
POLICY. DATED 26.10.2022 ISSUED BY THE MINISTRY OF
COMMUNICATIONS (DEPARTMENT OF TELECOMMUNICATIONS)
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT DATED 15.11.2021 IN WPC NO. 25201 OF 2021
Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE
COURT DATED 6.09.2022 IN WPC NO. 29079 OF 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 DECISION NO 24 OF THE COUNCIL OF 1ST
RESPONDENT DATED 10.11.2023
Exhibit P13 TRUE COPY OF THE SAID INTERIM ORDER OF THIS HON'BLE
COURT DATED 4.4.2024 IN WPC NO 13780 OF 2024
Exhibit P14 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT
DATED 28.5.2024 IN WPC NO 13780 OF 2024
Exhibit P15 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DATED
27.6.2024 IN WPC NO 13780 OF 2024
Exhibit P16 TRUE COPY OF THE NOTICE NO ED1-698/24 DATED 13.09.2024
ISSUED BY THE FIRST RESPONDENT
Exhibit P17 TRUE COPY OF THE DECISION NO 84 OF THE COUNCIL OF THE
FIRST RESPONDENT DATED 8.8.2024
