Subject matter involved in this writ petition is a 'land line telephone connection' provided to the petitioner from Elankur Telephone Exchange, with telephone Number 2707769. The petitioner was seeking relief to the extent of a declaration that the respondents are duty bound to maintain the telephone connection in operational condition and also to declare that the petitioner is not bound to pay any rental during the period when the connection remained faulty. Further, direction is also sought for to return the amounts already collected towards rental, for the period during which the telephone was not functioning.
2. Allegations in brief is that, despite the telephone remained faulty for considerable periods, no action was taken to get the fault rectified and to make the telephone operational. On the other hand, the respondent contended that the fault was caused only due to illegal acts on the part of the petitioner
W.P.(C) No.5684/2007 2
himself in causing damages to the underground cables.
3. However, it is conceded by both sides that the telephone in question is not subscribed to the premises of the petitioner at present and the connection in question was dismantled long back due to default in payment of amounts under demand. In view of the above mentioned circumstances, this Court is of the opinion that issue need not be adjudicated based on the reliefs sought for. If the respondents seek for recovery on any amount of arrears, the petitioner will be at liberty to dispute such demand based on the claim that he was not liable for payment of the rental amount during the disputed period. If any such dispute is raised, the competent authority in the department shall adjudicate the same. It is also made clear that the petitioner will be at liberty to seek either restoration of the connection or for subscribing the new connection, depending on the Rules and Regulations prevailing under the relevant statutes.
The writ petition is hereby disposed of subject to the above observations.
C.K. ABDUL REHIM JV JUDGE