Kerala High Court
Vodafone Idea Ltd vs Union Of India on 1 August, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:57828
WP(C) NO. 17625 OF 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO. 17625 OF 2025
PETITIONER:
VODAFONE IDEA LTD.,
V.J TOWER, SERVICE ROAD, VYTILLA P.O,
ERNAKULAM REPRESENTED BY ITS GENERAL MANAGER- LEGAL,
RAJESH M.V., AGED 54 YEARS, S/O. M.V RAGHAVAN,
RESIDING AT VILLA NO.42, ASSET KASAVU, TOG ROAD,
SOUTH KALAMASSERY, COCHIN, PIN - 682019
BY ADVS.
SHRI.P.SATHISAN
SHRI.SHIBU B.S
SHRI.BIJU P.PAUL
SMT.AKSHARA RAJU
SMT.SWALIHA SELMI T.R.
SMT.VIDHYA T.U.
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF COMMUNICATIONS, DEPARTMENT OF
TELECOMMUNICATIONS, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW
DELHI, REPRESENTED BY ITS SECRETARY, PIN - 110001
2 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
INFORMATION TECHNOLOGY DEPARTMENT,
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WP(C) NO. 17625 OF 2025
THIRUVANANTHAPURAM, PIN - 695001
3 THE SCERETARY
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWADIAR P.O.,
THIRUVANANTHAPURAM, PIN - 695003
4 DEPARTMENT OF TELECOMMUNICATION
OFFICE OF SR.DEPUTY DIRECTOR GENERAL, KERALA LSA, CTO
BUILDING, KARAKKAT ROAD, KOCHI, REPRESENTED BY ITS
SENIOR DEPUTY DIRECTOR GENERAL, PIN - 682016
5 TRAVANCORE DEVASWOM BOARD
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695003
6 BHARAT SANCHAR NIGAM LIMITED
NWP-CM SECTION, KERALA CIRCLE, DOOR SANCHAR BHAWAN,
PMG JUNCTION, THIRUVANANTHAPURAM,
REPRESENTED BY DEPUTY GENERAL MANAGER (NWP-CM),
PIN - 695033
BY ADVS.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SRI.MATHEWS K.PHILIP, SC, BSNL
ADV. O M SHALINA, DSGI.
ADV. MATHEWS K PHILIP, SC FOR BSNL.
ADV. S RAJMOHAN, SR. GP.
ADV. G BIJU, SC FOR TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 17625 OF 2025
JUDGMENT
Raja Vijayaraghavan V, J.
When the matter is taken up, it is submitted by the learned counsel
appearing for the petitioner that this writ petition be dismissed as withdrawn,
reserving the right of the petitioner to move afresh at the later stage, if so
advised.
Reserving such rights, this Writ Petition is dismissed as withdrawn.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
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WP(C) NO. 17625 OF 2025
APPENDIX OF WP(C) 17625/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION
OF THE PETITIONER COMPANY DATED 31.08.2018
Exhibit P2 TRUE COPY OF THE MERGER ORDER DATED
21.12.2017 ISSUED BY COMPETENT COURT ON
AMALGAMATION OF M/S. VODAFONE CELLULAR
LIMITED INTO M/S IDEA CELLULAR LTD.
Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE
AGREEMENT DATED 11.11.2024 BETWEEN TRAVANCORE
DEVASWOM BOARD TO BSNL
Exhibit P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE
GOVERNMENT NOTIFICATION OF THE
TELECOMMUNICATIONS (RIGHT OF WAY) RULES, 2024
PUBLISHED ON 17.09.2024
Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE
AGREEMENT DATED 24.08.2011 BETWEEN THE BSNL
AND IDEA CELLULAR LTD.
Exhibit P5(a) TRUE COPY OF THE ADDENDUM AGREEMENT DATED
21.08.2018
Exhibit P6 TRUE COPY OF THE REQUEST LETTER ISSUED BY THE
PETITIONER BEFORE THE TRAVANCORE DEVASWOM
BOARD DULY ACKNOWLEDGED DATED 14.10.2024
Exhibit P6(a) TRUE COPY OF THE DEMAND LETTER DATED
03.01.2025 ISSUED BY THE DEVASWOM BOARD TO
THE PETITIONER
Exhibit P7 TRUE COPY OF THE RELEVANT SITE PERMISSION OF
BSNL DATED 04.11.2024
Exhibit P7(a) TRUE COPY OF THE INSPECTION REPORTS OF BSNL
DATED 4.11.2024
Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY BSNL
DATED 21.01.2025 TO THE PETITIONER
Exhibit P8(a) TRUE COPY OF THE REPLY LETTER DATED 6.2.2025
ISSUED BY THE PETITIONER TO THE BSNL
Exhibit P9 COPY OF THE RELEVANT EXTRACT OF THE
GOVERNMENT ORDER G.O.(MS) NO.37/2008/ITD
Exhibit P9(a) TRUE COPY OF THE RELEVANT EXTRACT OF DOT
GUIDELINE PUBLISHED BY GOVERNMENT OF KERALA
I.T.POLICY 2017 RELATED TO SHARING OF THE
INFRASTRUCTURE
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WP(C) NO. 17625 OF 2025
Exhibit P10 TRUE COPY OF THE LETTER NO.ROC.14452/23/M
ISSUED BY TRAVANCORE DEVASWOM BOARD
Exhibit P10(a) TRUE COPY OF THE NOTES ON DEMAND SUBMITTED
BEFORE THE 5TH RESPONDENT DATED 18.03.2025
Exhibit P11 TRUE COPY OF THE MINUTES OF MEETING THAT HAD
BEEN PROVIDED TO THE PETITIONER WITH A
COVERING LETTER DATED 15.04.2025
Exhibit P12 TRUE COPY OF LETTER SUBMITTED BY INDUS TOWERS
TO THE TRAVANCORE DEVASWOM BOARD FOR
CONSTRUCTION OF TELECOM TOWER FOR VODAFONE
IDEA LTD. DATED 29.05.2025
Exhibit P13 TRUE COPY OF LETTER SUBMITTED BY INDUS TOWERS
TO THE TRAVANCORE DEVASWOM BOARD DATED
19.02.2025
Exhibit P14 TRUE COPY OF THE MINUTES OF MEETINGS OF
TRAVANCORE DEVASWAM BOARD DATED 09.06.2025
