LAWS(KER)-2016-6-181

BABY JOSEPH Vs. KERALA STATE ELECTRICITY BOARD

Decided On June 27, 2016
BABY JOSEPH Appellant
V/S
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) The appellants are the petitioners in W.P.(C)No.6546/2016.

(2.) The learned Single Judge by the judgment dated 09.06.2016 dismissed the writ petition holding that, if at all the petitioner has a contention that there is violation of the agreement, the proper remedy is not to approach this Court in a writ petition under Article 226 of the constitution of India. The learned Single Judge has also noticed the contention raised on behalf of the Kerala State Electricity Board that there is no restrictive clause in Ext.P2 agreement which prevents the KSEB from permitting cables to be drawn through the electric poles by other Cable TV operators. Feeling Aggrieved by the judgment of the learned Single Judge, the appellants are before this Court in this writ appeal.

(3.) Heard the arguments of the learned counsel for the appellants, the learned Standing Counsel for the KSEB, representing respondents 1 to 3 and also the learned counsel for respondents 4 and 5.