Kerala High Court
Asianet Satellite Communications Ltd vs The State Of Kerala on 13 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) No.40017/2024 1/5 Order Date : 13-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
WP(C) NO. 40017 OF 2024
PETITIONERS:
1. ASIANET SATELLITE COMMUNICATIONS LTD, REGISTERED AND CORPORATE
OFFICE 2A, 2ND FLOOR, LEELA INFO PARK, TECHNOPARK CAMPUS,
KAZHAKOOTTAM, TRIVANDRUM, REPRESENTED BY ITS SENIOR LEGAL EXECUTIVE
MR. ALEX JOSE PAIKADA, PIN-682028
2. ASIANET DIGITAL NETWORK PVT LTD, REGISTERED AND CORPORATE OFFICE,
2A, 2ND FLOOR, LEELA INFO PARK TECHNOPARK CAMPUS,
KAZHAKOOTTAM,TRIVANDRUM, REPRESENTED BY ITS SENIOR LEGAL EXECUTIVE
MR. ALEX JOSE PAIKADA, PIN-695581
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, POWER DEPARTMENT,
GOVERNMENT SECRETARIATE, TRIVANDRUM, PIN-695001
2. THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS
SECRETARY, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM, PIN-695004
3. THE SECRETARY (ADMINISTRATION), THE KERALA STATE ELECTRICITY BOARD
LTD, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM, PIN-695004
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 P13, P15, P17 and P17(a) on condition that the
petitioner pays pole rentals as Exhibit P2, Exhibit P3, Exhibit P7
government Orders, 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 petitioners, the
court passed the following:
WP(C) No.40017/2024 2/5 Order Date : 13-11-2024
D. K. SINGH, J.
--------------------------
W.P. (C) No. 40017 of 2024
-------------------------
Dated this the 13th day of November, 2024
ORDER
1. Despite the time granted to the Kerala State Electricity
Board Ltd and the State, no statement/counter affidavit has been
filed till date. The members of the petitioner - Association are
apprehending the dismantling of their Cable TV network for non-
payment of the differential pole rental for using the electricity
poles of the Electricity Board.
2. The decision in compliance with the judgment dated
14.06.2024 in W.P.(C) No.38259/2023 and connected cases, is still
pending before the State Government and therefore, it will be
appropriate to grant an interim order to the effect that the
Electricity Board shall not dismantle the Cable TV Network of the
members of the petitioner - Association for non-payment of the
differential pole rental amount till the next date of posting of this
Writ Petition.
3. This interim order would be applicable only in respect of the
payment of the differential pole rental amount and not the regular
rent. If a Cable TV Operator is not paying the regular rent, the
WP(C) No.40017/2024 3/5 Order Date : 13-11-2024
Electricity Board will be free to dismantle the Cable TV Network of
the said Cable TV Operators.
4. Post this matter along with W.P.(C) No. 19754 of 2024 and
other connected matters on 21.11.2024.
5. As an interim measure it is provided that the petitioner shall
continue to pay the pre-revised rent of the electric poles used by
them for supplying the cable network to their subscribers in the
meantime.
6. The differential rent of poles shall be subject to the final
outcome of the writ petition.
Sd/-
D. K. SINGH
JUDGE
Svn
WP(C) No.40017/2024 4/5 Order Date : 13-11-2024
APPENDIX OF WP(C) 40017/2024
Exhibit P1 A TRUE COPY OF THE TRIPARTITE AGREEMENT ENTERED INTO
BETWEEN THE PETITIONERS AND THE 2ND RESPONDENT DATED
4.5.2020
Exhibit P2 A TRUE COPY OF THE ABOVE GO(MS) NO 9/2021/POWER DATED
26/02/2021 ISSUED BY THE FIRST RESPONDENT WITH ENGLISH
TRANSLATIONS
Exhibit P3 A TRUE COPY OF THE ORDER GO(MS) NO 11/2021/POWER DATED
02/03/2021 ISSUED BY THE FIRST RESPONDENT WITH ENGLISH
TRANSLATIONS
Exhibit P4 A TRUE COPY OF THE ORDER NO C3/450/2019- POWER DATED
29.4.2021 ISSUED BY THE FIRST RESPONDENT WITH ENGLISH
TRANSLATIONS
Exhibit P5 A TRUE COPY OF THE COVERING LETTER NO ESTT. XI/ASIANET
POLE RENTAL/2019-20 DATED 27.5.2021
Exhibit P5(a) A TRUE COPY OF THE DRAFT AGREEMENT SENT BY THE 3RD
RESPONDENT
Exhibit P6 A TRUE COPY OF THE BOARD ORDER B. O (D B) NO. 514/2021
(D (D& IT)/D 5/CABLE - POLES/2021 - 22/0001) DATED TVPM
5. 7. 2021
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER, G. O (MS) NO.
14/2021/POWER DATED 8.7. 2021
Exhibit P8 A TRUE COPY OF THE BOARD ORDER B. O (FTD) NO. 614/2021
(D (D& IT)/D 5/CABLE - POLES/2021 - 22/0001) TVPM DATED
13. 8. 2021
Exhibit P9 TRUE COPY OF THE B. O (FTD) NO. 747/2021
(ESTT.XI/ASIANET/2020 - 21) DATED TVPM 7.10.2021
Exhibit P10 TRUE COPY OF THE NOTIFICATION OF THE MINISTRY OF
COMMUNICATIONS (DEPARTMENT OF TELECOMMUNICATIONS)
G.S.R. 1070(E) DATED 15TH NOVEMBER, 2016 PUBLISHING THE
INDIAN TELEGRAPH RIGHT OF WAY RULES, 2016
Exhibit P10(a) TRUE COPY OF THE NOTIFICATION OF THE MINISTRY OF
COMMUNICATIONS (DEPARTMENT OF TELECOMMUNICATIONS)
ISSUED 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 P10(b) TRUE COPY OF THE NOTIFICATION OF MINISTRY OF
COMMUNICATIONS (DEPARTMENT OF TELECOMMUNICATIONS)
NOTIFICATION NO GSR 635(E) DATED 17.8.2022
Exhibit P10(c) TRUE COPY OF THE THE OFFICE MEMORANDUM NO. 2-10/2022-
POLICY DATED 26.10.2022 ISSUED BY THE MINISTRY OF
COMMUNICATIONS (DEPARTMENT OF TELECOMMUNICATIONS)
Exhibit P11 TRUE COPY OF THE THE INDIAN TELEGRAPH RIGHT OF WAY
RULES, 2016 AS AMENDED FROM TIME TO TIME IN 2017, 2021,
2022 AND 2023
Exhibit P12 A TRUE COPY OF THE TELECOMMUNICATIONS ACT 2023
Exhibit P13 A TRUE COPY OF THE LETTER NO ESTT. XI/ASIANET POLE
RENT/2023-24 DATED 27.6.2023 BY WHICH THE 3RD
RESPONDENT HAS DEMANDED RS 29,68,05,828/-
Exhibit P14 A TRUE COPY OF THE ABOVE REPLY SENT BY THE PETITIONERS
DATED 16.8.2023 TO THE THIRD RESPONDENT
WP(C) No.40017/2024 5/5 Order Date : 13-11-2024
Exhibit P15 A TRUE COPY OF THE LETTER NO ESTT. XI/ASIANET POLE
RENT/2023-24 DATED 16.2.2024 ISSUED BY THE 3RD
RESPONDENT CLAIMING RS 42,20,29,151/- AS THE
DIFFERENTIAL AMOUNT FOR THE INTERNET SERVICE
Exhibit P16 TRUE COPY OF THE REPRESENTATION FILED BY THE
PETITIONERS BEFORE THE 3RD RESPONDENT DATED 8.4.2024
REQUESTING TO RENEW THE AGREEMENT AND TO WITHDRAW THE
WRONGFUL DEMANDS MADE
Exhibit P17 A TRUE COPY OF THE PROFORMA INVOICE NO
ESTT/11/ASIANET/2023-24(1) DATED 21.10.2024 ISSUED BY
THE 3RD RESPONDENT DATED 21.10.2024
Exhibit P17(a) A TRUE COPY OF THE PROFORMA INVOICE NO
ESTT/11/ASIANET/2023-24(1) DATED 21.10.2024 DEMANDING
AN AMOUNT OF RS 1, 47,87,585.33 BY THE 3RD RESPONDENT
FROM THE PETITIONERS
Exhibit P18 TRUE COPY OF THE LETTER DATED 7.11.2024 ISSUED BY THE
PETITIONERS TO THE 3RD RESPONDENT
