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2026 Supreme(Online)(Ker) 13026

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
T.G. NANDAKUMAR – Appellant
Versus
THE SECRETARY MINISTRY OF COMMUNICATIONS DEPARTMENT OF TELECOMMUNICATIONS – Respondent


Advocates:
For the Appellants/Petitioners: V.R. Manoranjan
For the Respondents: T. Sanjay, Jagan Abraham M. George

JUDGMENT Dated this the 23rd day of February, 2026 Soumen Sen , C.J .

We have heard Mr. V.R. Manoranjan, learned counsel for the appellant, Mr. T. Sanjay, learned counsel for respondents 2 and 3 and Mr. Jagan Abraham M. George, learned counsel for the 5th respondent.

2. The appeal is arising out of an order passed on 19.12.2025, in which the writ petitioner has prayed for stay of migration of the present copper-lined BSNL telephone connection bearing Nos.2809565 and 2803333 belonging to the appellant/petitioner, to the Fibre to the Home (FTTH) network, as threatened in Ext.P1 notice.

3. The respondent BSNL justified such decision in view of a policy decision taken regarding the introduction of such fiberisation in rural areas and for enhancement of the internet speeds and also to improve the right-of-way for telecom infrastructure.

4. In our view, the learned Single Judge, without deciding the matter upon the issues raised and affidavits on record, declined to interfere with the said policy decision as it may have a cascading effect. However, in view of the fact that the tariff plan with the BSNL is valid till 30.06.2026 and considering the implementation of the National Broadband Mis

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