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2019 Supreme(Online)(KER) 38758

CABLE OPERATORS WELFARE ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.A.ABDUL HAKHIM, SRI.JOSEPH GEORGE (KANNAMPUZHA),SRI.DINESH R.SHENOY, CGC4) TELECOM REGULATORY AUTHORITY OF INDIA,Advocate

JUDGMENT

It is submitted by learned counsel for the petitioners that

the issue raised in these writ petitions is covered by the judgment in W.P(C).No.21577 of 2018. This Court in the said judgment held that the writ petition is maintainable before this Court, in spite of the fact that there is a contractual relationship between the petitioners and the Multi System Operator. Relying on Regulation 17 of the T elecommunication (Broadcasting and Cable) Services Inter Connection (Addressable Systems) Regulations, 2017, this Court held that Multi System Operator is amenable to writ jurisdiction under Article 226 of the Constitution of India and that it is not permissible to disconnect the signals without recourse to the procedure as referable under the Regulations. A direction had been issued to the 6th respondent therein not to disconnect the signals of television channels without recourse to Regulation 17.

2. The learned counsel appearing for the Multi System Operator would contend that the specific contention raised by the said respondent that the issue was a dispute which could be considered by the TDSAT under Section 14A(2)

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