JUDGMENT 1. HEARD learned Advocates for either of the parties. 2. THE petitioner in the instant writ application is the subscriber of telephone bearing No. 475-9188 which has been at the residence of the petitioner. For certain arrears due in respect of telephone number 74-6578 which has been in the name of the petitioner's mother Smt. Manasi Basu, the telephone of the petitioner (475-9188) was disconnected. The petitioner has assailed the aforesaid action of the respondent-authorities in disconnecting the telephone no. 475-9188 for the dues relating to the telephone number 74-6578 the subscriber of which is the mother of the petitioner. The respondents however contend that, the disconnected telephone of the petitioner's mother bearing number 74-6578 in respect of which there was heavy dues and in the same premises the petitioner's telephone bearing number 475-9188 was working. The respondents, it is urged, have therefore disconnected the said telephone of the petitioner (475-9188) as the petitioner utilised the telephone bearing number 74-6578 for his business purpose. 3. THE ld. Counsel for the petitioner relied upon judgment of the Andhra Pradesh High Court reported in AIR 1993 A. P. 131 which considered similar contention as has been raised in the present application. The Court did not accede to the said contention as has been advanced by respondents for the simple reason that the petitioner in that case having different telephone and as citizen of India they are entitled to be subscribers of telephones independency and merely because there is a relationship of mother and son and as the mother has defaulted in payment of amounts to the respondents no liability can foe fastened to the son-petitioner and neither the statute nor the rules framed thereunder empower the authorities to disconnect the telephone or the default committed by the petitioner's mother. Respectfully following the said judgment with which I am in agreement it has to be held in the instant case and I accordingly hold that the respondent authorities were not justified in disconnecting the telephone of the petitioner bearing number 475-9188 for the default committed by the petitioner's mother. 4. THE ld. Counsel for the respondent however contended that the petitioner herein has suppressed the fact that his mother being a defaulter when he applied for a new telephone connection on 26. 3. 97 and got the telephone of the petitioner bearing number 475-9188 at the same flat no. 14. The ld.
4. THE ld. Counsel for the respondent however contended that the petitioner herein has suppressed the fact that his mother being a defaulter when he applied for a new telephone connection on 26. 3. 97 and got the telephone of the petitioner bearing number 475-9188 at the same flat no. 14. The ld. Counsel for the respondent also relied upon the judgment of the Madras High Court. However, the text has not been made available to this court, only the extract of which has been shown which reads as under: "held per Justice Mohan This case is unlike the usual ones. The father having had the benefit of a telephone and falling into arrears to the tune of Rs. 16,000/- had set up his son to apply independently. The son has come up here as though his telephone has been disconnected. Certainly, having regard to the facts of the case, I do not think the petitioner is entitled to any telephone connection. The writ petition is dismissed without prejudice to the right of the father to pay the arrears and get back the telephone connection. " 5. FROM a bare reading of the above extract it appeared that the petitioner in that case had applied for telephone connection when his father's telephone was disconnected for default and the court held that petitioner in that case is not entitled to any telephone connection. That case has got no relevancy in the instant case. 6. IN the result, the writ application is allowed and there shall be a direction upon the respondent-authorities to restore the telephone connection of the petitioner bearing no. 475-9188 if he has got no outstanding against the said telephone bearing no. 475-9188. The above exercise has to be completed within two weeks from the date of communication of this order. Writ petition allowed.