FIVE STAR CABLE NETWORK POLICE STATION ROAD OLLUR THRISSUR Vs. ELECTRICAL INSPECTOR OFFICE OF THE ELECTRICAL INSPECTOR THRISSUR

JUDGEMENT

(1.) HEARD the learned senior counsel for the petitioner, the learned counsel appearing for respondents 2 and 3 and the learned counsel appearing for the fourth respondent.

(2.) PETITIONER and the fourth respondent are cable T.V operators. PETITIONER submits that they applied for permission to lay poles in Ollur area of the second respondent Municipality, for drawing cables, offering his terms and conditions. According to the petitioner, while they were awaiting orders on the application, they came across Ext.P6 dated 4.1.2012 wherein based on an anticipatory approval granted by the Chairman of the Standing Committee, the fourth respondent was permitted to lay poles in the area applied for by the petitioner. PETITIONER objected to Ext.P6 by filing Ext.P7. Even in spite of receipt of Ext.P7, the second respondent did not take any action thereon. Therefore this writ petition is filed for appropriate reliefs.

(3.) HAVING heard the learned counsel on both sides, I am inclined to think that the petitioner is entitled to succeed. Admittedly as on 4.1.2012, when Ext.P6 was issued, there was no decision by the Standing Committee. In the absence of a decision of the Standing Committee on the date when Ext.P6 was issued, Corporation could not have awarded the right to lay poles to the fourth respondent. For that reason itself Ext.P6 has to be invalidated and I do so.