1 2 RELIANCE JIO INFOCOMM LIMITED v. 1 THRISSUR MUNICIPAL CORPORATION

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 39623 OF 2022 PETITIONERS: 1 2 M/S. RELIANCE JIO INFOCOMM LIMITED, ("RJIL") OFFICE -101, SAFFRON, NR. CENTRE POINT, PANCHWATI 5 RASTA, AMBAWADI, AHMEDABAD-380006, GUJARAT, INDIA REPRESENTED BY ITS SENIOR MANAGER LEGAL, ARULKUMAR PUTHUKKUDI, AGED 48 YEARS, S/O. BALAKRISHNAN NAIR, RESIDING AT FLAT NO.4A, CELESTIA, FATHIMA CHURCH ROAD, JAWAHAR NAGAR, KADAVANTHRA-682020. M/S JIO DIGITAL FIBRE PVT. LTD., HAVING ITS REGISTERED OFFICE AT OFFICE -101, SAFFRON, NR. CENTRE POINT, PANCHWATI 5 RASTA, AMBAWADI, AHMEDABAD-380006, GUJARAT, INDIA WITH ITS STATE BUSINESS OFFICE AT PUKALAKKATTU KARIYATTU TOWERS, MAMANGALAM, PALARIVATTOM, COCHIN- 682025 (FORMERLY KNOWN AS INFOTEL BROADBAND SERVICES LIMITED) REPRESENTED BY ITS SENIOR MANAGER LEGAL, ARULKUMAR PUTHUKKUDI, AGED 48 YEARS, S/O. BALAKRISHNAN NAIR, RESIDING AT FLAT NO.4A, CLESTIALE, FATHIMA CHURCH ROAD, JAWAHAR NAGAR, KADAVANTHRA-682020. BY ADVS. P.SATHISAN DONA AUGUSTINE SHIBU B.S BIJU P.PAUL RESPONDENTS: 1 THRISSUR MUNICIPAL CORPORATION, REP. BY ITS SECRETARY, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR P.O., KERALA 680 001. W.P.(C).Nos.39409 & 39623 of 2022 4 2 3 4 5 6 7 SECRETARY, THRISSUR MUNICIPAL CORPORATION, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR P.O., KERALA 680 001. SUPERINTENDENT ENGINEER, THRISSUR MUNICIPAL CORPORATION, MUNICIPAL OFFICE ROAD, KURUPPAM, THEKKINKADU MAIDAN, THRISSUR P.O., KERALA 680 001. PRINCIPLE SECRETARY, PWD DEPARTMENT, ROOM NO. 388, 1ST FLOOR, MAIN BLOCK, CENTRAL STADIUM, MAHATHMA GANDHI ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA 695001. SECRETARY IT DEPARTMENT, ROOM NO 109, 1ST FLOOR, SOUTH BLOCK, CENTRAL STADIUM, MAHATHMA GANDHI ROAD, PALAYAM, THIRUVANANTHAPURAM, KERALA -695001. CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, CENTRAL STADIUM, MAHATHMA GRANDHI ROAD, NEAR JUNCTION, PALAYAM, THIRUVANANTHAPURAM P.O., KERALA-695001. SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, CENTRAL STADIUM, MAHATHMA GRANDHI ROAD, NEAR JUNCTION, PALAYAM, THIRUVANANTHAPURAM P.O., KERALA-695001. BY ADVS. SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION SANTHOSH P.PODUVAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

03.04.2025, ALONG WITH WP(C).39409/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos.39409 & 39623 of 2022 5 VIJU ABRAHAM, J. -------------------- W.P.(C).Nos.39409 & 39623 of 2022 ---------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The 1st petitioner is a telecom service provider and the 2nd petitioner is a telecom infrastructure provider, providing telecom services to the customers. For the purpose of drawing cables petitioner had to undertake laying of cable through underground as well as through overhead poles, for which Ext.P8 agreement in WP(C) No.39409/2022, Ext.P6 agreement in WP(C) No.39623 of 2022 were executed. While so, Ext.P9 demand in WP(C) No.39409/22 and Ext.P7 notice in WP(C) No.39623/2022 was issued demanding amounts towards user fee. The learned counsel for the petitioners submits that the said demands were made on the strength of Ext.P10 Government Order dated 14.6.2013. It is further submitted by the petitioners that the said demand now made as per Ext.P9 was without notice to the petitioners and even going by the terms of Ext.P10 the demand now made is on the higher side. Learned W.P.(C).Nos.39409 & 39623 of 2022 6 counsel would further submit relying on Clause 27 of Ext.P8 agreement that in case of any disputes in interpretation of the terms and conditions of the agreements or their implementation the same shall be referred to the High Level Committee comprising the designated representatives of the Authority, Licensee and the concerned agencies and the decision of the Committee shall be final and binding on all.

2. On the basis of the same, it is submitted by the learned counsel appearing for the Municipal Corporation that if the petitioners raised any dispute, the same will considered by the High Level Committee as mandated in the agreement executed between the parties. The learned Standing Counsel for the Corporation would submit that High Level Committee will be constituted and the matter will be placed before the said Committee.

3. In view of the the writ petitions are disposed of as follows: The 1st respondent shall constitute a High Level Committee in this regard within a period of 2 months from the date of receipt of a copy this judgment. W.P.(C).Nos.39409 & 39623 of 2022 7 The petitioners shall submit their detailed representation in this regard before the High Level Committee within a period of 3 weeks after the constitution of the High Level Committee and on due intimation about the same by the 1st respondent. Thereafter, the High Level Committee shall take a decision on the same within a period of one month thereafter after affording an opportunity of being heard to the petitioners. Petitioners will be free to raise all contentions before the High Level Committee which shall be duly considered by the committee in accordance with law. The interim order granted by this Court in these cases will continue till a decision is taken by the High Level Committee as directed above. sd/- VIJU ABRAHAM,JUDGE W.P.(C).Nos.39409 & 39623 of 2022 8 APPENDIX OF WP(C) 39623/2022 PETITIONERS' EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 TRUE COPY OF THE REQUISITE EXTRACT OF REGISTRATION CERTIFICATE DATED 06.03.2019. TRUE COPY RELEVANT EXTRACT OF CERTIFICATE OF INCORPORATION DATED 17.12.2018. TRUE COPY COPY OF THE ORDER NO. PW5- 14521/14 DATED 01.01.2015. TRUE COPY OF DEMAND DRAFT NO.995180 DATED 04.12.2014. Exhibit P4 A TRUE COPY OF DEMAND DRAFT NO. 995181 DATED 04.12.2014. Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE COPY OF RELEVANT EXTRACT OF THE DECISION OF THE COUNCIL AND COPY OF MINUTES OF MEETING DATED 15.11.2014. TRUE COPY OF RELEVANT EXTRACT OF THE AGREEMENT BETWEEN RESPONDENTS 1 AND 2 AND PETITIONERS COMPANY DATED NIL. TRUE COPY OF THE NOTICE NO.PW6/PW5- 14521/14 DATED 03.11.2022 ISSUED BY 3RD RESPONDENT. TRUE COPY OF CIRCULAR NO. G.O.(RT) NO.89/2020/PWD DATED 23.01.2020. TRUE COPY OF COUNCIL DECISION DATED 12.10.2022. Exhibit P10 TRUE COPY OF THE CIRCULAR NO.D.C.2/531/2017/LSGD DATED 22.05.2018. RESPONDENTS' EXHIBITS Exhibit -R1(c) A copy of Decision No.39 dated 12/10/22 Exhibit -R1(b) A copy of Decision No.1 of Municipal Council dated 20/6/17 W.P.(C).Nos.39409 & 39623 of 2022 9 Exhibit -R1(a) A copy of notice issued by the 3rd respondent on 13/03/15 PETITIONERS' EXHIBITS Exhibit P11 Ture Copy of the Indian Telegraph Right of Way Rules, 2016 vide notification date 15.11.2016 W.P.(C).Nos.39409 & 39623 of 2022 10 APPENDIX OF WP(C) 39409/2022 PETITIONERS' EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE COPY OF THE REQUISITE EXTRACT OF REGISTRATION CERTIFICATE DATED 06.03.2019. TRUE COPY RELEVANT EXTRACT OF CERTIFICATE OF INCORPORATION DATED 17.12.2018. TRUE COPY COPY OF THE ORDER NO.PW5- 18326/2013 DATED 20.12.2013. . TRUE COPY OF THE PWD RATES VIDE NO. CE/R&B/GL/6682/06 DATED 18.03.2013. TRUE COPY COPY OF DEMAND NOTICE NO.PWS/18326/13 DATED 27.11.2013. TRUE COPY OF DEMAND DRAFT NO.691093 DATED 05.12.2013. Exhibit P6 A TRUE COPY DEMAND DRAFT NO.691094 DATED 05.12.2013. Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 TRUE COPY TRUE COPY OF GOVERNMENT CIRCULAR NO.D.C.2/531/2017/LSGD DATED 22.05.2018 TRUE COPY OF RELEVANT EXTRACT OF THE AGREEMENT BETWEEN RESPONDENTS 1 AND 2 AND PETITIONER COMPANY. TRUE COPY COPY OF THE NOTICE NO.PW6/PW5- 18326/13 DATED 03.11.2022 ISSUED BY 3RD RESPONDENT. TRUE COPY COPY OF THE SAID CIRCULAR NO.G.O.(MS) NO. 16/2013/ITD DATED 14.06.2013. RESPONDENTS' EXHIBITS Exhibit -R1(a) A copy of Council Decision No.40 dated 12/10/22 W.P.(C).Nos.39409 & 39623 of 2022 11 PETITIONERS' EXHIBITS Exhibit P11 True Copy of the Indian Telegraph Right of Way Rules, 2016 vide notification date 15.11.2016