B V K KRISHNAN Vs. M/S BSNL CHENNAI TELEPHONES BY ITS DEPUTY GENERAL MANAGER WEST 99 JAWAHARLAL NEHRU ROAD K K NAGAR CHENNAI

JUDGEMENT

(1.) THE petitioners have approached this Court to issue writ of declaration that the disconnection of their telephone Nos.4868323, 4863499 and 4869499 respectively is arbitrary and illegal.

(2.) ACCORDING to the petitioner in W.P.No.658 of 2002, he is a subscriber since 1.2.1985 having a telephone connection bearing No.4868323, coming under Valasaravakkam Exchange under the administrative control of the respondents. He has been paying the periodical bi-monthly bills regularly and promptly, to the respondents within the due dates and thus maintaining the above telephone perfectly. While so, on 6.12.2001, the said telephone number was disconnected by the respondents. On verification with the respondents, it was known that his telephone was disconnected because of alleged non-payment of 5 bills, relating to the year 98-99 by other subscriber Miss Ramyah, having telephone No.4863499 who is none other than the daughter of the petitioner, whose telephone also was once installed in her bed room for her exclusive use. It is further stated that the petitioner is a social activist and his source of income and his daily activities are independent and are nothing to do with any other members of his family. After making representation to the respondents and in the absence of proper response, he issued legal notice on 13.12.2001 through his counsel to the second respondent calling upon him to restore the telephone immediately, otherwise he will face legal proceedings. The petitioner waited till 17.12.2001 and the respondents never cared to restore the connection, in spite of the receipt of the said legal notice. There is no rule or provision under the Indian Telegraph Act, 1885 and the Rules framed thereunder which gives such arbitrary authority to the respondents, to disconnect the telephone connection, without any notice, that too for the non-payment of bills of some other subscriber. In such circumstances, having no other effective remedy, has filed the present writ petition.

(3.) IN the light of what is stated above, all the three writ petitions are allowed. No costs. Consequently, connected W.M.Ps. are closed. IN view of the order allowing the writ petitions, the respondents are directed to restore the telephones of the petitioners forthwith.