Kerala High Court
Arjun C A vs State Of Kerala on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) No.36973/2024 1/4 Order Date : 22-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
WP(C) NO. 36973 OF 2024
PETITIONERS:
1. ARJUN C A, AGED 27 YEARS, S/O ANANDAN, PROPRIETOR, KRISHNA VISION
NETWORK, CHULLIPARAMBIL HOUSE, KUNJAPPU BUILDINGS, OLARI, PULLAZHY,
THRISSUR, PIN - 680012
2. RANJITH K MATHEW, AGED 42 YEARS, PARTNER , TECH INNOVATIONS,
KAVILPURAYIDATHIL HOUSE, PALLIKKARA, VTC KUNNATHNADU, KUMARAPURAM
P.O.,ERNAKULAM , PIN - 683565
3. SHINE SHABU, AGED 24 YEARS, PROPRIETOR, V5 COMMUNICATIONS,
ALOOKKARAN HOUSE, AYYANTHOLE, ARANATTUKARA, THRISSUR, PIN-680003
4. P.S.PRADEEP, AGED 46 YEARS, DREAMZ CABLE VISION, GROUND FLOOR, NEAR
RAILWAY GATE, KOORKKENCHERY, THRISSUR, PIN-680307.
5. ANANTHU. M.R, AGED 27 YEARS, S/O MAHESH KUMAR. R., ALIEN BROADBAND,
GROUND, KP -21-477, QC ROAD, PERINAD, KOLLAM, PIN-691014
6. VIJAYANTH, AGED 47 YEARS, S/O NATARAJAN, PROPRIETOR, HI POWER
BROADBAND, PANAMBULLI BUILDING, GANDIGRAM ROAD, VALARKKAVU,
KURIYACHIRA P.O, THRISSUR, PIN-680006
7. SUDHEER A, S/O GANGADHARAN, MANAGING PARTNER, GDS NETWORK, MANANAM,
KARIKATH LANE, THRISSUR, PIN-680001
8. SOMI JOSE,AGED 21 YEARS, S/O K.J JOSE, PROPRIETOR, PARAMBY
TELEMEDIA, KSRTC EMPLOYEES CO-OPERATIVE SOCIETY BUILDING, KSRTC BUS
STAND, CHALAKUDY, THRISSUR, PIN-680307
9. BOBITHAMOL.K, AGED 39 YEARS, W/O ANILKUMAR T.K, NET CITY CABLE
NETWORK, PALAKKATTUTHAZHAM SREE BHADRAKALI TEMPLE, 1ST FLOOR, CKK
COMPUTER, ALUVA MUNNAR ROAD, MARAMPILLY ERNAKULAM, PIN-683542
10. SHINI S SHERIF, AGED 37 YEARS, W/O SHERIF, PROPRIETOR, SKY VISION,
NJAVAROOR ROAD, MEENAD, KOLLAM, PIN-691572.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF POWER
GOVERNMENT KERALA, THIRUVANANTHAPURAM, PIN-682031
2. KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY,
VYDHYUTHI BHAVANAM, PATTOM PALACE POST, THIRUVANANTHAPURAM,
PIN-695004
3. BOARD OF DIRECTORS, REPRESENTED BY ITS COMPANY SECRETARY-IN-CHARGE,
OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED,
THIRUVANANTHAPURAM, PIN-695004
4. DIRECTOR DISTRIBUTION,(SOUTH/CENTRAL/NORTH/NORTH MALABAR/IT CR &
CAPS), OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED,
VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004
WP(C) No.36973/2024 2/4 Order Date : 22-10-2024
5. CHIEF ENGINEER ( DISTRIBUTION ), CENTRAL OFFICE OF THE KERALA STATE
ELECTRICITY BOARD LIMITED, ELECTRICAL DIVISION, VYDHYUTHI BHAVANAM,
ERNAKULAM, POWER HOUSE ROAD, KOCHI, PIN -682018
6. EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION, MUVATTUPUZHA,
ERNAKULAM, PIN-686661
7. EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION, CHALAKUDY, THRISSUR,
PIN-680307
8. EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION, PERUMBAVOOR,
ERNAKULAM, PIN-683542
9. EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION, CHATHANNOOR, KOLLAM,
PIN-691572
10. EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION, KUNDARA, KOLLAM,
PIN-691501
11. EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION, ADOOR, PATHANAMTHITTA,
PIN-691523
12. THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY,
ELECTRICITY DEPARTMENT, THRISSUR CORPORATION THRISSUR, PIN-680020
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 pass an interim order directing the respondents to issue demand
notice/invoice for pole rent as per Government Order dated 26.02.2021 and
Government Order dated 08.07.2021 at the rate of Rs. 300/- in Urban Area
and @ Rs.145/- in Rural Area per pole per year and as ordered in the
Judgment dated 14.06.2024 in WP (C) no. 16889/2024 on condition that the
petitioners remit the pole rent in terms of Government Order dated
26.02.2021.
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 PHILIP T.VARGHESE, THOMAS T.VARGHESE, ACHU SUBHA ABRAHAM, V.T.LITHA,
K.R.MONISHA, JIJO PAUL & ANJALI SUNIL,Advocates for the petitioners and of
SRI.SANTHOSH P.PODUVAL, Advocate for R12, the court passed the following:
WP(C) No.36973/2024 3/4 Order Date : 22-10-2024
D. K. SINGH, J.
------------------------------------------
WP(C).No.36973 Of 2024
-------------------------------------------
Dated this the 22nd day of October, 2024
ORDER
Notice on behalf of the 1st respondent has been accepted
by the learned Senior Government Pleader. Notice on behalf of
respondents 2 to 11 has been accepted by Shri. B.Premod, the
learned Standing counsel for the Kerala State Electricity Board.
Notice on the behalf of the 12th respondent has been accepted
by Shri.Santhosh.P.Pothuval, the learned Standing Counsel.
Post on 05.11.2024.
In the meantime respondents shall file a statement/counter
affidavit.
Sd/-
D. K. SINGH
JUDGE
Mms
WP(C) No.36973/2024 4/4 Order Date : 22-10-2024
APPENDIX OF WP(C) 36973/2024
Exhibit P1 TRUE COPY AT REGISTRATION CERTIFICATE DATED 16.11.2023
BEARING NUMBER 3324 ISSUED TO THE 1ST PETITIONER BY
POST MASTER, THRISSUR
Exhibit P2 TRUE COPY OF REGISTRATION CERTIFICATE DATED 25.02.2022
ISSUED TO THE 2ND PETITIONER UNDER TRADE NAME 'TECH
INNOVATIONS' UNDER KAST ACT BY GOVERNMENT OF INDIA
Exhibit P3 TRUE COPY OF REGISTRATION CERTIFICATE DATED 16.11.2023
BEARING NUMBER 3325 ISSUED TO THE 3RD PETITIONER
Exhibit P4 TRUE COPY OF REGISTRATION CERTIFICATES DATED 16.11.2023
BEARING NUMBER 3323 ISSUED TO THE 4TH PETITIONER
Exhibit P5 TRUE COPY OF REGISTRATION CERTIFICATE DATED 7.11.2023
BEARING NO.KLM/CTN/766/2023 TO 5TH PETITIONER
Exhibit P6 TRUE COPY OF REGISTRATION CERTIFICATE DATED 15.02.2024
BEARING REGISTRATION NUMBER IS 3409 ISSUED TO THE 6TH
PETITIONER
Exhibit P7 TRUE COPY OF SANCTION LETTER NO RB/CABLE TV/ 2021 - 22/
434/ 09-07-2021 ISSUED BY KSEB, ELECTRICAL DIVISION
(EAST) THRISSUR TO 7TH PETITIONER
Exhibit P8 TRUE COPY OF REGISTRATION CERTIFICATE DATED 08.09.2023
BEARING NO 541 ISSUED TO 8TH PETITIONER
Exhibit P9 TRUE COPY OF REGISTRATION CERTIFICATE DATED 15.03.2024
ISSUED TO THE 9TH PETITIONER
Exhibit P10 TRUE COPY OF REGISTRATION CERTIFICATE DATED 29.7.2023
ISSUED TO THE 10TH PETITIONER
Exhibit P11 TRUE COPY OF THE BOARD ORDER NO. BO/(FB) (GNL) NO.
443/2012(DPCII/ASIANET -2/2011) DATED 25.02.2012
Exhibit P12 TRUE COPY OF THE G.O (MS) NO. 9/2021POWER DATED
26.02.2021
Exhibit P13 TRUE COPY OF THE BOARD ORDER B.O (DB ) NO. 514/2021 (D
( D & IT ) / D5/ CABLE - POLES/ 2021-22/0001 DATED
05.07.2021
Exhibit P14 TRUE COPY OF THE BOARD ORDER NO. B..O.(FTD) NO.
1666/2018 (D(D&IT)/D5/GENERAL/2017-18/0007 DATED
18.07.2018
Exhibit P15 TRUE COPY OF G.O(MS) NO. 14/2021/POWER DATED 08.07.2021
Exhibit P16 TRUE COPY OF B.O (FTD) NO.614/2021 (D(D&IT)/ D5/CABLE-
POLES/2021-22/0001)TVPM DATED 13.8.2021
Exhibit P17 TRUE COPY OF GOVERNMENT ORDER DATED 02.03.2021
Exhibit P18 TRUE COPY OF JUDGMENT DATED 14.06.2024 IN W.P ( C ) NO.
16889/2024 OF THE HON'BLE HIGH COURT OF KERALA
Exhibit 19 TRUE COPY OF THE INVOICE DATED 28.06.2024 WITH ITS TRUE
TRANSLATION
