J UD G M E N T

Dated this the 29th day of January, 2021 S. Manikumar, C. J.

Instant writ petition has been filed seeking for the following reliefs:-

(a) issue writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 5 to ensure that respondents 6 to 14 are providing free internet/communication connectivity with required bandwidth to all educational institutions, both Government and in the aided sector, that fall in the route of their optic fibre network as contemplated in Exhibits P-1 to P- 4.

(b) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 6 to 14 to declare the details of the fibre network drawn by them and the details of the unused ducts and unused free fibre (dark fibre) drawn in excess and the details of thelease/license given by them to other telecom operators for using the unused ducts and unused free fibre. (c) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 6 to 14 to disclose the revenue earned through inter leasing of unused free fibre and free ducts to other telecom companies and operators (d) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 to 5 to collect a fixed percentage of revenue from the respondents 6 to 14 and other similar operators for using the road network of the State for laying the optic fibre cables.

(e) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to cancel permit/licence given to respondents 6 to 14 for drawing fibre net work along the public roads in Kerala.

2. Short facts leading to filing of the writ petition are as hereunder:-

According to the petitioner, the Chief Secretary, Government of Kerala, Government Secretariat, Thiruvananthapuram, 1st respondent, by Exts. P1 to P4 Government Orders, granted permission to telecom companies, for laying fiber optic communication network, across national highways, state highways, and other public properties, on the condition that, they shall provide free internet access, to all the Government and aided educational institutions, falling along the route map, and free internet access, wherever there are tapping points. From the information gathered under the Right to Information Act, 2005, it is revealed that, the respondents 6 to 14, haven't provided any internet access, to any of the Government or aided educational institutions, in the State. It is also revealed that, Government of Kerala is not collecting any rent / usage charges, from respondents 6 to 14, for granting right of way permission, for laying cable, through the road network of the State. At the same time, respondents 6 to 14 have earned unauthorized income, running to several hundred crores of rupees, by leasing unused ducts, and unused free fiber, drawn in excess, to other telecom companies.

Petitioner has submitted that, though the matter was brought to the attention of respondents 1 to 5, they did not take any action in the matter. Being aggrieved, instant writ petition is filed.

3. In support of his contention, petitioner has relied on Exts. P1 to P5 Government Orders.

4. On 21.01.2021, when the matter came up for hearing, we passed the following order:-

“Instant public interest litigation is filed for a direction to respondents 6 to 14 to provide free internet access to all Government and aided educational institutions as provided in Exhibits P1 to P4 Government Orders.

2. Learned Government Pleader submitted that Kerala State Cabinet accorded administrative sanction for Rs.1548 crore for K-Fon project which is aimed at providing free high speed internet connection to over 20 lakh BPL families in Kerala. It is submitted that this project aims to strengthen the internet backbone of the State and to provide free or subsidised internet connection to people. Learned Government Pleader seeks time to file a statement/counter affidavit as the