This writ petition is filed seeking relief to the extent of directing consideration of Ext.P4 request submitted before the respondents for permission to draw, 'new generation light weight Optical Fibre Cable' as a second line through the electric poles mentioned in Ext.P2 sketch. Inter alia the petitioner seeks direction against the respondents to restrain from dismantling the cables already drawn by the petitioner through the routes mentioned in Ext.P2, till a decision is taken on Ext.P4 application.
2. In a statement filed on behalf of the respondents it is mentioned that, sanction for drawal of cables through the route in question has already been given to M/s. Asianet Satellite Communications Ltd. As per the existing Rules only one cable T.V network can be allowed through the KSEB poles in a particular route. Hence it is not possible to permit W.P.(c) No. 27224/2010 -2-
drawal of cables of different operators through the same poles, irrespective of type of the cables whether it is optical fibre cable or Co-axial cables. It is further mentioned that the cables drawn by the petitioner through the poles in the route in question is totally unauthorised.
3. Considering the factual aspects as enumerated above, the relief sought for cannot be granted. As long as the Rules/Regulations insist upon permission for only one cable T.V network through a particular route, cables if any drawn unauthorisedly are liable to be removed. Hence the writ petition reserves no merit and the same is accordingly dismissed.
4. However, it is made clear that the petitioner will be at liberty to approach the 2nd respondent if there is any change of circumstances.
AMG Sd/-
C.K. ABDUL REHIM, JUDGE.
True copy P.A to Judge