GENERAL MANAGER TELECOMMUNICATIONS TRICHY Vs. K NATRAYAN

JUDGEMENT

(1.) Aggrieved by the common order passed by the learned District Munsif, Karur dated 29.04.1999 made in I.A.No.121 and 166 of 1999, the General Manager, Telecommunications, Trichy and others have preferred the above revisions under Article 227 of the Constitution of India.

(2.) The respondent herein - former Member of Parliament has filed a civil suit in O.S.No.107 of 1999 on the file of District Munsif, Karur, praying for declaration, declaring the action of the defendants in disconnecting the suit telephone connections as illegal, arbitrary and also prayed for decree of mandatory injunction directing the defendants to restore the suit telephone connections. The plaintiff has also prayed for permanent injunction restraining the defendants from disconnecting the suit telephone connections without giving any show cause notice. Pending disposal of the said suit, the petitioner / plaintiff filed I.A.No.121 of 1999, praying for mandatory injunction restraining the respondents / defendants to restore the suit telephone connections till the disposal of the suit and also prayed for adinterim mandatory injunction to the same effect. The said application was resisted by the Telephone Department by filing counter affidavit. Since the Court below has granted interim injunction, the respondents / defendants filed separate petition for vacating the said injunction order. Both the applications were heard together. As many as Exs.A.1 to A.11 were marked on the side of the petitioner / plaintiff and Exs.B.1 to B.18 on the side of the respondents / defendants. By the impugned order dated 29.04.1999, the learned District Munsif disposed of the said applications by referring the matter in dispute for arbitration under Section 7-B of the Indian Telegraph Act, 1957 (in short "the Act"). In the same order, the learned Judge directed the parties to maintain status quo and not interfere with the usage of the telephone connections by the petitioner. Questioning the said common order, the Telecommunication Department has filed the above revisions.

(3.) Heard the learned Additional Central Government standing counsel for the petitioners and the learned counsel for the respondent.