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1980 Supreme(Ker) 60

P.SUBRAMONIAN POTI
P. S. Anthappan – Appellant
Versus
District Manager, Telephones – Respondent


Advocates:
M. R. Rajendran Nair, for Petitioner T. R. Govinda Wariyar, for Respondent.

ORDER :-

Telephone No. 34953 installed at House No. XXVIII/2142, Palarivattom, Cochin-25 was disconnected on 1-10-1977 and the petitioner who was the subscriber of that telephone was told by a letter dated 15/17-10-1977, copy Ext. P-3, that the telephone had been closed for misuse on 1-10-1977. The petitioner thereupon made a representation to the District Manager, Telephones, seeking immediate action in the matter of verification of certain facts stated and reconnecting the telephone. After waiting for sometime to get orders thereon, he moved this Court for quashing Ext. P-3 and also for a mandamus to direct the respondent, the District Manager, Telephones, to reconnect the telephone.

2. The right of any subscriber to continue to enjoy the benefit of the telephone of which he is a subscriber, is quite valuable, Despite the fact that it is the exclusive privilege of the Central Government to establish, maintain and work telegraphs, there is no power in the authorities functioning under the Indian Telegraph Act to act arbitrarily either in the matter of sanctioning fresh telephone connection or in the matter of suspending or cancelling such connections. Any person aggrieved by the a











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