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2016 Supreme(Ker) 891

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
Baby Joseph – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. P.R. Reena
For the Respondent: Sri. Jaice Jacob, Sri. Anil S. Raj

JUDGMENT :

Anil K. Narendran, J.

The appellants are the petitioners in W.P.(C)No.6546/2016. The said writ petition was one filed seeking a writ of mandamus commanding respondents 1 to 3 not to permit respondents 4 and 5 or any other cable television operators to draw cables through the electric poles through which the appellants are given right to draw cables in connection with their cable TV operations as per Ext.P2 agreement. The appellants have also sought for a writ of mandamus commanding respondents 1 to 3 to consider Ext.P5 representation submitted by them forthwith.

2. The learned Single Judge by the judgment dated 09.06.2016 dismissed the writ petition holding that, if at all the petitioner has a contention that there is violation of the agreement, the proper remedy is not to approach this Court in a writ petition under Article 226 of the constitution of India. The learned Single Judge has also noticed the contention raised on behalf of the Kerala State Electricity Board that there is no restrictive clause in Ext.P2 agreement which prevents the KSEB from permitting cables to be drawn through the electric poles by other Cable TV operators. Feeling Aggrieved by the judgment of t














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