SREEDEVI MENON Vs. SUB DIVISIONAL ENGINEER PHONES KATTANAM

JUDGEMENT

(1.) The question that arises for consideration in the Original Petition is whether the wife of a defaulter is disentitled to get a telephone sanctioned or to get refund of an OYT deposit made in her name unless and until the arrears due from her husband in respect of another connection in his name are paid up.

(2.) The petitioner applied for a telephone in the year 1998 on deposit of Rs. 15,000/- as advance for connection in the OYT General category. Ext. P1 is the relevant demand note. On finding that subsequent applicants were given connection and there was little chance of granting connection to the petitioner the department was moved for a refund of the deposit. In Ext. P4 the department took the stand that the husband of the applicant was a subscriber of Telephone No. Vaikom 335356 in respect of which there was huge arrears and as such the request for cancellation of registration and refund of deposit to the petitioner can be considered only after payment of all outstanding dues to the department in respect of her husband's telephone which had been disconnected.

(3.) I have heard both sides. The learned Standing Council for the respondents could not bring to my notice any provision of law by which a wife can be penalised for the arrears or default committed by her husband in respect of an entirely different telephone connection.