P.C.Kuttappan vs The District Collector
2026 Latest Caselaw 15 Ker

Kerala High Court

P.C.Kuttappan vs The District Collector on 5 January, 2026

WP(C) NO. 39235 OF 2022          1



                                                       2026:KER:159
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

        MONDAY, THE 5TH DAY OF JANUARY 2026 / 15TH POUSHA, 1947

                       WP(C) NO. 39235 OF 2022

PETITIONERS:

    1       P.C.KUTTAPPAN,
            AGED 72 YEARS
            S/O.CHANDRAN,PARAPPARAMBIL HOUSE, KUTTIKKANAM,
            PEERMADE, IDUKKI DISTRICT - 685 531
            PROPRIETOR OF BIZNI CABLE TV BROADCASTING CENTRE,
            KUTTIKKANAM, HOUSE NO.XVI/486-B.

    2       DR.BIZNI.K .,AGED 41 YEARS
            D/O.KUTTAPPAN PARAPPARAMBIL HOUSE KUTTIKKANAM,
            PEERMADE, IDUKKI DISTRICT - 685 531
            MANAGER OF BIZNI CABLE TV BROADCASTING CENTRE,
            KUTTIKKANAM, HOUSE NO.XVI/486-B.


            BY ADVS.
            SRI.R.KRISHNA RAJ
            SMT.E.S.SONI
            SMT.KUMARI SANGEETHA S.NAIR
            SMT.SMT.RESMI A.


RESPONDENTS:

    1       THE DISTRICT COLLECTOR,
            PAINAV, KUYILIMALA,
            IDUKKI DISTRICT- 685 603.

    2       THE SECRETARY,
            GOVT:OF INDIA, MINISTRY OF INFORMATION AND BROADCASTING
            A WING, SHASTRI BHAVAN, NEW DELHI-110001.

    3       CHAIRMAN
            TELECOM REGULATORY AUTHORITY OF INDIA,
            NEW DELHI - 110002.

    4       THE DIRECTOR,
 WP(C) NO. 39235 OF 2022       2



                                                    2026:KER:159
          BROADCASTING ENGINEERING CONSULTANTS INDIA LTD.
          NOIDA-110002.

    5     THE DIRECTOR,
          TELECOM DISPUTE SETTLEMENT AND APPELLATE TRIBUNAL,
          NEW DELHI 110002.

    6     THE EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD,
          ELECTRICAL DIVISION, PEERMADE,
          IDUKKI-685531.

    7     THE STATION HOUSE OFFICER,
          POLICE STATION, PEERMADE, IDUKKI - 685 531.

    8     THE SUPERINTENDENT OF POLICE,
          PAINAVU, IDUKKI - 685 603.

    9     THE HEAD POST MASTER,
          HEAD POST OFFICE, KATTAPPANA,
          IDUKKI DISTRICT, PIN: 685 508.

    0     ROY JOSEPH,
          OWNER OF IDUKKI VISION CABLE NETWORKS@L-VISION,
          KATTAPPANA HEAD END CONTROL ROOM KATTAPPANA,
          IDUKKI- 685 508.

    11    JOJAN.C.KURUVILLA,
          CHEERAKALAYIL, KALLAR, PAMPANAR LINK,
          LOCAL CABLE TV OPERATOR,
          IDUKKI VISION CABLE NETWORKS - 685 531.

    12    MICHAEL RAJ,
          KARIYARVILLA, ELAPPARA, BONAMI, VAGAMON LINK LOCAL
          CABLE TV OPERATOR IDUKKI VISION CABLE NETWORKS -
          685 503.

    13    NAVIN @ NAVIN G THAMPY,
          GURUMANDIRAM, ELAPPARA LINK LOCAL CABLE OPERATOR IDUKKI
          VISION CABLE NETWORKS - 685 501.

    14    KALAÍSELVAM,
          GITA BHAVAN, MANJUMALA, VANDIPERIYAR LINK LOCAL CABLE
          TV OPERATOR, IDUKKI VISION CABLE NETWORKS - 685 533.


    15    ALEX,
          PADIPPARAMPIL, PALLIKKUNNU, LINK LOCAL CABLE TV
 WP(C) NO. 39235 OF 2022           3



                                                      2026:KER:159
            OPERATOR, IDUKKI VISION CABLE NETWORKS - 685 531.


            BY ADVS.
            SHRI.JAISHANKAR V.NAIR, SENIOR PANEL COUNSEL
            SHRI.V.GIRISHKUMAR, SENIOR PANEL COUNSEL
            SRI.J.JULIAN XAVIER
            SRI.FIROZ K.ROBIN
            SRI.ROY JOSEPH
            SMT.ANIES MATHEW
            SMT.ANJANA RAM
            SHRI.NIRMAL KURIEN EAPEN

            R1, R7 & R8 BY SRI. P.S. APPU, SR. GOVERNMENT PLEADER,
            SRI. B. PREMOD, STANDING COUNSEL.


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
05.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39235 OF 2022               4



                                                                 2026:KER:159
                                  JUDGMENT

The petitioners challenge Ext.P33 order passed by the District Collector

dated 25.05.2022.

2. The petitioners challenge the action of respondents 10 to 15, who

carried on activities against the provisions of the Cable Television Networks

(Regulation) Act, 1995 and the Cable Television Network Rules, 1994, and

without an appropriate registration, which forced the petitioners to make a

complaint before the first respondent, District Collector.

3. Pursuant to the directions issued by this Court in judgment dated

17.09.2021 in W.P.(C.) No. 18308/2021, the District Collector, after hearing the

parties, issued Ext.P33 order, which is impugned in this writ petition.

4. Though respondents 10 to 15 were served, none appear.

5. The learned counsel for the petitioners, relying on Ext.P34 issued

to the tenth respondent on 15.11.2016 on an application made on 08.09.2016

and referring to paragraph 4 of the statement filed on behalf of the first

respondent, contended that a period before the issuance of Ext.P34 has been

mentioned, which is obviously wrong. It is mentioned in paragraph 4 of the

statement that the tenth respondent obtained registration from 15.11.2015,

which is contrary to Ext. P34 permission granted on 15.11.2016.

6. Though the learned Government Pleader submits that once the

registration is obtained under the provisions of the Act mentioned above, the

2026:KER:159 MSOS are free to operate in any part of the country irrespective of the

registration in the notified areas. This is disputed by the learned counsel for

the petitioners, who submits that the other contesting respondents got

permission on various dates in the year 2021, as seen from Exts.P36 to P38, and

none of these aspects were taken note of while passing Ext.P33 order. It is

argued that even if they can operate in any area after obtaining registration,

the question is the date of registration granted to the respondents, 10 to 15,

from which date alone they could have operated. It is the petitioners' specific

case that they were put to loss due to the illegal operation of respondents 10 to

15.

7. Since these aspects have not been noticed in Ext.P33 order, I am

inclined to quash the same and direct the first respondent to re-hear the

complaint preferred by the petitioners with notice to the petitioners and

respondents 10 to 15 and take a decision. It will be open to the parties to

produce such materials to substantiate their contention, which will be adverted

to by the first respondent while taking a decision as directed above. A

speaking order referring to the contentions of the parties shall be passed

within two months from the date of receipt of a copy of this judgment.

Ext. P33 order is quashed, and the writ petition is allowed as above.

Sd/-

                                                   MOHAMMED NIAS C.P.

                                                           JUDGE
DCS
 WP(C) NO. 39235 OF 2022        6



                                                     2026:KER:159

APPENDIX OF WP(C) NO. 39235 OF 2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 9TH RESPONDENT TO THE 1ST PETITIONER DATED 09-10-2014 .

Exhibit P2 TRUE COPY OF THE CASH RECEIPT DATED 11/02/2014.

Exhibit P3 TRUE COPY OF THE CASH RECEIPT DATED 05/08/2014 .

Exhibit P4 TRUE COPY OF THE CASH RECEIPT DATED 17/03/2015.

Exhibit P5 TRUE COPY OF THE CASH RECEIPT DATED 15/03/2016.

Exhibit P6 TRUE COPY OF THE CASH RECEIPT DATED 13/04/2016 .

Exhibit P7 TRUE COPY OF THE CASH RECEIPT DATED 20/07/2016.

Exhibit P8 TRUE COPY OF THE CASH RECEIPT DATED 17/03/2017.

Exhibit P9 TRUE COPY OF THE CASH RECEIPT DATED 13/03/2018 .

Exhibit P10 TRUE COPY OF THE CASH RECEIPT DATED 29/03/2019 .

Exhibit P11 TRUE COPY OF THE CASH RECEIPT DATED 20/06/2019 .

Exhibit P12 TRUE COPY OF THE CASH RECEIPT DATED 26/09/2019.

Exhibit P13 TRUE COPY OF THE CASH RECEIPT DATED 30/12/2019 .

Exhibit P14 TRUE COPY OF THE CASH RECEIPT DATED 29/05/2020 .

Exhibit P15 TRUE COPY OF THE CASH RECEIPT DATED 16/09/2020 .

Exhibit P16 TRUE COPY OF THE CASH RECEIPT DATED 16/09/2021.

Exhibit P17 TRUE COPY OF THE CASH RECEIPT DATED 17/09/2021 .

Exhibit P18 TRUE COPY OF THE CASH RECEIPT DATED 08/10/2021 .

Exhibit P19 TRUE COPY OF THE CASH RECEIPT DATED 14/12/2021 .

Exhibit P20 TRUE COPY OF THE CASH RECEIPT DATED 05/04/2022 .

 WP(C) NO. 39235 OF 2022        7



                                                      2026:KER:159
Exhibit P21          TRUE   COPY   OF   THE   CASH   RECEIPT   DATED
                     12/09/2022 .
Exhibit P22          TRUE COPY OF THE MSO REGISTRATION CERTIFICATE

ISSUED BY THE 2ND RESPONDENT DATED 2014 MARCH.

Exhibit P23 TRUE COPY OF THE BECIL CERTIFICATE ISSUED BY THE 4TH RESPONDENT RESPONDENT DATED 11-03- 2015.

Exhibit P24 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 16.06.2015.

Exhibit P25 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 17.06.2015.

Exhibit P26 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 17.06.2015 Exhibit P27 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 17.06.2015.

Exhibit P28 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT DATED 17.06.2015.

Exhibit P29 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT DATED 16.06.2015.

Exhibit P30 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 7 TH RESPONDENT DATED 16.06.2015.

Exhibit P31 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 8TH RESPONDENT DATED 16.06.2015.

Exhibit P32 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 9TH RESPONDENT DATED 17.06.2015.

Exhibit P33 TRUE COPY OF THE PROCEDURE OF THE 1ST RESPONDENT DATED 25-05-2022.

Exhibit P-34 TRUE COPY OF THE LETTER GRANTING REGISTRATION TO I-VISION DIGITAL LLP BY THE MINISTRY OF INFORMATION AND BROADCASTING DATED 15.11.2016 OBTAINED UNDER RTI ACT Exhibit P-35 TRUE COPY OF THE LIST OF REGISTERED MULTI SYSTEM OPERATORS (MSO) DATED 24.10.2019 OBTAINED UNDER RTI ACT Exhibit P-36 TRUE COPY OF THE REGISTRATION CERTIFICATE IN THE NAME OF 11TH RESPONDENT DATED 05.07.2021 OBTAINED UNDER RTI ACT WP(C) NO. 39235 OF 2022 8

2026:KER:159 Exhibit P-37 TRUE COPY OF THE REGISTRATION CERTIFICATE IN THE NAME OF 12TH RESPONDENT DATED 23.12.2021 OBTAINED UNDER RTI ACT Exhibit P-38 TRUE COPY OF THE REGISTRATION CERTIFICATE IN THE NAME OF 13TH RESPONDENT DATED 23.12.2021 OBTAINED UNDER RTI ACT