Cablt Tv Operators Association Vs. Kerala State Electricity Board - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136872
CourtKerala High Court
Decided OnApr-02-2014
JudgeHONOURABLE MR.JUSTICE K.SURENDRA MOHAN
AppellantCablt Tv Operators Association
RespondentKerala State Electricity Board
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice k.surendra mohan wednesday, the2d day of april201412th chaithra, 1936 wp(c).no. 9714 of 2014 (l) --------------------------- petitioner(s): ---------------------- cable tv operators association, reg. g-21, panampilly nagar, kochi-36, represented by its secretary, k.v. rajan, s/o.vasudevan nambeesan, kizhakuttayil house, chemmanamthitta, kecheri, thrissur district. by sri.renjith thampan, senior advocate. adv. smt.p.r.reena. respondent(s): -------------------------- 1. kerala state electricity board limited, vaidhyuthi bhavan, thiruvananthapuram, rep.by its secretary, pin-695 001.2. chief engineer, kerala state electricity board, vaidhyuthi bhavan, thiruvananthapuram-695 001. by adv. sri.jaice jacob, sc. this writ petition (civil) having come up for admission on0204-2014, the court on the same day delivered the following: rs. wp(c).no. 9714 of 2014 (l) appendix petitioner's exhibits:- ext.p1 copy of the order dated1810/2002 of the kerala state electricity board. ext.p2 copy of the agreement dated3012/2010 executed between mini thankachan and kerala state electricity board. ext.p3 copy of the board order b.o.(fb)(genl) no.443/2012 (dpcii/asianet-2/2011) dated2502/2012. ext.p4 copy of the demand notice issued by executive engineer, electrical division kattappana to raju m.c. dated2502/2014. ext.p5 copy of the representation filed by the petitioner before the respondents dated2503/2014. respondent's exhibits:- nil. //true copy// p.s.to judge rs. k. surendra mohan,j ------------------------------- w.p(c) no.9714 of2014---------------------------------- dated this the 2nd april, 2014. judgment the petitioner is an association of cable t.v operators. the cable tv operators have been granted permission to fix their cables on electric posts put up by the respondents as per separate agreements entered into with each operator. one such agreement is ext.p2. the agreements have been renewed and the renewed period has not expired till date. while so, as per ext.p3 dated 25.02.2012, the pole rent of cable tv operators has been enhanced and fixed at rs.311/- per pole per annum in urban areas and rs.155.50 in rural areas. as per clause 5 of ext.p3, the new rates are to be applicable only from the date of expiry of the individual agreements. in view of the above stipulation, it is contended by the petitioner that rent wpc97142014 2 at the new rates can be demanded only from the date of expiry of the agreement. in view of the above stipulation, it is contended by the petitioner that the new rates shall be applicable to its members only after the expiry of the term of the present agreements and that they are entitled to pay rent at the old rates during the term of the present agreements. however, in spite of the above, the cable tv operators have been served with demand notices directing them to pay rent at the enhanced rates. the petitioner apprehends that their cables would be dismantled if the said amounts are not paid.2. advocate jaice jacob appears for the respondents. according to the learned counsel, ext.p2 and other agreements contain clauses for resolution of all the disputes or differences that may arise among the parties thereof. clause 9 in ext.p2 is relied upon to point out that, any difference or dispute relating to or arising out of the said agreement shall be referred to the concerned chief wpc97142014 3 engineer for decision. the petitioner and others have not approached the concerned chief engineer for the resolution of their disputes. therefore, it is pointed out that it is for the concerned chief engineer to be moved by the members of the petitioner for a resolution of their disputes. the learned senior counsel sri ranjith thampan, who appears for the petitioner, submits that the petitioner and its members have no objection in approaching the concerned chief engineer. however, he only apprehends that the cables of its members may be dismantled.3. in view of the above submissions, i am satisfied that this writ petition can be disposed of with the following directions: i) the respective cable tv operators shall approach the concerned chief engineer for resolution of the disputes that they have highlighted in this writ petition, invoking clause 9 of ext.p2 and the similar clauses in the other agreements; wpc97142014 4 ii) the members of the petitioner shall approach the concerned chief engineer by submitting separate representations, within a period of 10 days from today; iii) upon such representations being made, the said chief engineer shall consider the same and shall pass appropriate orders thereon, after giving an opportunity to the concerned operator also to be heard. orders shall be passed in the matter expeditiously; iv) until final orders are passed in accordance with the above direction, the cables that are installed on the electric posts by the members of the petitioner shall not be dismantled. sd/- k. surendra mohan judge jj /true copy wpc97142014 5
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE2D DAY OF APRIL201412TH CHAITHRA, 1936 WP(C).No. 9714 of 2014 (L) --------------------------- PETITIONER(S): ---------------------- CABLE TV OPERATORS ASSOCIATION, REG. G-21, PANAMPILLY NAGAR, KOCHI-36, REPRESENTED BY ITS SECRETARY, K.V. RAJAN, S/O.VASUDEVAN NAMBEESAN, KIZHAKUTTAYIL HOUSE, CHEMMANAMTHITTA, KECHERI, THRISSUR DISTRICT. BY SRI.RENJITH THAMPAN, SENIOR ADVOCATE. ADV. SMT.P.R.REENA. RESPONDENT(S): -------------------------- 1. KERALA STATE ELECTRICITY BOARD LIMITED, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY, PIN-695 001.

2. CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.JAICE JACOB, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0204-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 9714 of 2014 (L) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE ORDER

DATED1810/2002 OF THE KERALA STATE ELECTRICITY BOARD. EXT.P2 COPY OF THE AGREEMENT DATED3012/2010 EXECUTED BETWEEN MINI THANKACHAN AND KERALA STATE ELECTRICITY BOARD. EXT.P3 COPY OF THE BOARD ORDER

B.O.(FB)(GENL) NO.443/2012 (DPCII/ASIANET-2/2011) DATED2502/2012. EXT.P4 COPY OF THE DEMAND NOTICE ISSUED BY EXECUTIVE ENGINEER, ELECTRICAL DIVISION KATTAPPANA TO RAJU M.C. DATED2502/2014. EXT.P5 COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED2503/2014. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S.TO JUDGE rs. K. SURENDRA MOHAN,J ------------------------------- W.P(C) NO.9714 OF2014---------------------------------- Dated this the 2nd April, 2014. JUDGMENT

The petitioner is an association of Cable T.V Operators. The Cable TV operators have been granted permission to fix their cables on electric posts put up by the respondents as per separate agreements entered into with each operator. One such agreement is Ext.P2. The agreements have been renewed and the renewed period has not expired till date. While so, as per Ext.P3 dated 25.02.2012, the pole rent of Cable TV Operators has been enhanced and fixed at Rs.311/- per pole per annum in urban areas and Rs.155.50 in rural areas. As per clause 5 of Ext.P3, the new rates are to be applicable only from the date of expiry of the individual agreements. In view of the above stipulation, it is contended by the petitioner that rent WPC97142014 2 at the new rates can be demanded only from the date of expiry of the agreement. In view of the above stipulation, it is contended by the petitioner that the new rates shall be applicable to its members only after the expiry of the term of the present agreements and that they are entitled to pay rent at the old rates during the term of the present agreements. However, in spite of the above, the Cable TV Operators have been served with demand notices directing them to pay rent at the enhanced rates. The petitioner apprehends that their cables would be dismantled if the said amounts are not paid.

2. Advocate Jaice Jacob appears for the respondents. According to the learned counsel, Ext.P2 and other agreements contain clauses for resolution of all the disputes or differences that may arise among the parties thereof. Clause 9 in Ext.P2 is relied upon to point out that, any difference or dispute relating to or arising out of the said agreement shall be referred to the concerned Chief WPC97142014 3 Engineer for decision. The petitioner and others have not approached the concerned Chief Engineer for the resolution of their disputes. Therefore, it is pointed out that it is for the concerned Chief Engineer to be moved by the members of the petitioner for a resolution of their disputes. The learned Senior Counsel Sri Ranjith Thampan, who appears for the petitioner, submits that the petitioner and its members have no objection in approaching the concerned Chief Engineer. However, he only apprehends that the cables of its members may be dismantled.

3. In view of the above submissions, I am satisfied that this Writ Petition can be disposed of with the following directions: i) The respective cable TV operators shall approach the concerned Chief Engineer for resolution of the disputes that they have highlighted in this Writ Petition, invoking clause 9 of Ext.P2 and the similar clauses in the other agreements; WPC97142014 4 ii) The members of the petitioner shall approach the concerned Chief Engineer by submitting separate representations, within a period of 10 days from today; iii) Upon such representations being made, the said Chief Engineer shall consider the same and shall pass appropriate orders thereon, after giving an opportunity to the concerned operator also to be heard. Orders shall be passed in the matter expeditiously; iv) Until final orders are passed in accordance with the above direction, the cables that are installed on the electric posts by the members of the petitioner shall not be dismantled. Sd/- K. SURENDRA MOHAN Judge jj /True copy WPC97142014 5