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2021 Supreme(Online)(KER) 14267
HIGH COURT OF KERALA
P.V.ASHA, J
SHEEBAMOL K.J – Appellant
Versus
GOVERNMENT OF INDIA – Respondent
WP(C)/28111/2020
SRI.MANJUNATH MENON, SMT.KRISHNA KUMARI.K.R., SRI.S.VAIDHYANATHAN
A SIM card can only be transferred to legal heirs unless consent is obtained from them, as per the Indian Telegraph Rules.
Headnote:
Telecom - Transfer of SIM - Indian Telegraph Rules - Section 429 - The court emphasized the legal requirement for transferring a SIM to legal heirs only and requested compliance with established procedures in addressing the petitioner's complaint.
Fact of the Case:
The petitioner sought the transfer of a SIM card issued in her deceased husband's name. Despite her complaints, the second respondent denied the transfer, citing prior linkage of the SIM to another individual.
Finding of the Court:
The court determined that the second respondent failed to act on the petitioner's complaint according to the applicable rules and directed reconsideration of the transfer request in compliance with the Indian Telegraph Rules.
Issues: Whether the second respondent acted in accordance with the Indian Telegraph Rules regarding the transfer of a SIM card after the death of the original holder.
Ratio Decidendi: The court ruled that under Rule 429 of the Indian Telegraph Rules, a SIM can only be transferred to legal heirs, and the failure to conduct the transfer properly warranted judicial intervention.
Final Decision: The court directed the second respondent to reconsider the petitioner's transfer request within one month.
J U D G M E N T
The grievance of the petitioner is over the action of the second respondent in denying her transfer of SIM No.9447807004 which was issued in the name of her deceased husband. It is stated that immediately after the death of her husband Roy Mathew, she had given consent for conduct of business which was being undertaken by her husband, by the 3rd respondent, who is the bother of the deceased husband. However later the petitioner submitted Ext.P5 complaint requesting for transferring the SIM in her name. Even though the said complaint was submitted as early as on 24.02.2020, the second respondent did not take any action. Therefore petitioner submitted another complaint before the first respondent. It is stated that by Ext.P8 letter the second respondent informed the petitioner that the SIM card has already been linked with the Aadhaar Number of the 3rd respondent, Shri Biju Mathew and BSNL is not responsible for any unauthorized use due to transfer of SIM by the petitioner.
2. Learned counsel for the petitioner submits as per the provision contained in Rule 429 of Indian Telegraph Rules , transfer of a SIM can be made only to the legal heirs and a transfer to anybodyelse can only be with the consent of the legal heirs. According to the petitioner such consent is not given by any of the legal heirs of deceased Roy Mathew.
3. Heard the learned counsel for the petitioner as well as Smt.K.R.Krishna Kumari, learned Standing Counsel appearing for the second respondent.
It is seen that a decision on the complaint Ext.P5 is not taken by the second respondent in accordance with rules. Therefore there shall be a direction to the second respondent to reconsider Ext.P5 complaint submitted by the petitioner for transferring the SIM in accordance with the rules dehorse Ext.P8 and to take appropriate action within a period of 'one month'
from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE OF ROY MATHEW DATED 19.12.2017 EXHIBIT P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THAHASILDAR , KOTTAYAM DATED 15.02.2019 EXHIBIT P3 TRUE COPY OF THE LICENCE ISSUED BY ATHIRAMPUZHA GRAMA PANCHAYATH FOR THE PERIOD 2019-2020 DATED 07.09.2019 EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY DISTRICT POLICE OFFICE, KOTTAYAM DATED
24.02.2020 EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24.02.2020 EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT DATED
26.02.2020 EXHIBIT P7 TRUE COPY OF THE COMPLAINT TO THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE REPLY ISSUED BY THE
2ND RESPONDENT DATED 01.05.2020
