The Kerala High Court ordered the closure of an original petition filed for quashing demand notes and recovery of additional security relating to non-functioning STD and ISD telephone booths, deeming it unnecessary to retain.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.18689/1998
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
OP.No.18689 OF 1998(Y)
PETITIONER/S:
1 SUNDARAN M., S/O.MAYANDI, KONGAD BUS STAND, KONGAD P. O., PALAKKAD DIST.
2 SIVADASAN N.A., 4/614, CULIRMA, COOL BAR AND STATIONARY, MUNDUR - 678 592.
3 THOMAS M.A., MANGALY HOUSE, MAMPALLY PUREDAM,
MUNDUR - 678 592.
5 THOMAS A.T., SWEETY VILLA, VELIKKAD, MUNDUR - 678 592.
9 MANIKUTTY P.N., 8/426, SRI BHAGAVATHI SHOPPING COMPLEX, KADAMBUZHIPURAM - 678 633.
O.P.18689/1998
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10 VIPIN H., 9/344, VIJI CONNECTION, ELAPPALLI - 678 622. 11 SHOBHANA, 3/175, MANNUR PANCHAYATH, PIN - 678 613.
BY ADV.SMT.K.INDU
RESPONDENT/S:
1 TELECOM GENERAL MANAGER, DEPARTMENT OF TELECOM, PALGHAT. 2 ACCOUNTS OFFICER, TELEPHONE REVENUE, O/O. THE GENERAL MANGER, TELECOM, PALGHAT. R1 BY ADV. SRI.K.RAMAKUMAR, SCGSC R1 BY ADV. SRI.JAGDEESH LAKSHMAN, ADDL.CGSC R1 BY ADV. SRI.MATHEWS K.PHILIP, SC BSNL
THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.18689/1998
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JUDGMENT
Dated this the 4th day of February 2020
S.Manikumar, CJ.
This original petition was filed with following prayers:
“i) to issue a writ in the nature of certiorari or other appropriate writ, order or direction, to call for the records leading to Exhibit P1 to P3(b) series of demand notes and similar other demand notes issued to the petitioners, and to quash the same.
ii) to issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents not to recover any amount of additional security on implementation of the judgment in O.P.No.13722/97, till a final decision is taken by this Hon'ble Court in the Writ Appeals.
iii) to issue a writ of mandamus or other appropriate writ, order or direction, directing the respondent that if any additional security need be collected from the petitioners, as per final verdict of this Hon'ble Court it may be recovered from the commission due to the petitioners, on an instalment basis.
On 27.11.1998 this case was referred to this Bench. Issue in this original
petition pertains to establishment and operation of STD and ISD telephone booths, which are no longer functioning. Therefore, there is no need to retain this original petition here. Hence, this original petition is closed.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/- SHAJI P.CHALY JUDGE
DG
O.P.18689/1998
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER NO.31-13/91-PHB DATED 18.1.94 ISSUED BY THE MINISTRY OF COMMUNICATIONS, DEPT. OF TELECOM, ASSISTANT DIRECTOR GENERAL (PHB).
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN O.P.NO.6176/98 DATED 27.3.98 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE DEMAND NOTE DATED 16.9.98 ISSUED TO THE 1ST PETITIONER. EXHIBIT P3 (a) TRUE COPY OF THE DEMAND NOTE DATED 16.9.98 ISSUED TO THE 2ND PETITIONER. EXHIBIT P3 (b) TRUE COPY OF THE DEMAND NOTE DATED 16.9.98 ISSUED TO THE 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN CMP NO.2217/98 IN W.A.NO.861/98 DATED 15.5.98 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
SUNDARAN M.
SIVADASAN N.A.
THOMAS M.A.
ASMABI C.A.
THOMAS A.T.
ANANTHAKRISHNAN
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
