BENNY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a subscriber of the Telephone No. 69440 attached to Willington Island Exchange under the control of the 2nd respondent, the General Manager, Telephones, Ernakulam. By Ext. P1 bill dated 11.4.1992 he was called upon to pay an amount of Rs. 14,391/-. However, he failed to remit the amount and therefore, the telephone was disconnected on 26.5.1992. Subsequently, the third respondent issued Exts. P2 and P3 bills demanding Rs. 9929/- and Rs. 250/- respectively. On 28.8.1992, the petitioner had paid an amount of Rs. 24,570/- which represents the amount demanded under Exts. P1 and P2 and P3. Subsequently, the 2nd respondent issued Ext, P5 demand notice directing him to pay a sum of Rs. 10,000/- as security deposit and Rs. 100/- as re-connection fee. Ext. P5 demand notice is under challenge.

(2.) Heard the counsel for the petitioner and the Central Government Standing Counsel for the respondents.

(3.) The Ext. P5 order has been apparently passed under R.445 of the Indian Telegraph Rules, 1951. The above rule is as follows: