IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 12226 of 2008(E) -------------------------- PETITIONER: ------------ J.RAJMOHAN PILLAI, K.J.P.HOUSE, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENTS: ------------- 1. THE CHIEF ACCOUNTS OFFICER, BSNL, OFFICE OF THE DEPUTY GENERAL MANAGER (TELEPHONE REVENUE), L.I.C.BUILDING COMPLEX, PATTOM, THIRUVANANTHAPURAM-695 004. 2. UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TELECOM, CENTRAL SECRETARIAT, NEW DELHI. BY SHRI.MATHEW K.PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 12226 of 2008 ================== Dated this the 21st day of May, 2008 J U D G M E N T The petitioner is the son of late Janardhanan Pillai who was conducting a newspaper by name “Kerala Pathrika”. The said Janardhanan Pillai was a subscriber of a telephone connection provided by the BSNL. The said Janardhanan Pillai had committed default in payment of the telephone charges to the tune of Rs.5,31,734/-. The same is now sought to be recovered from the petitioner. The petitioner alleges that the petitioner has no connection with the said newspaper nor has he inherited any property belonging to his father. The petitioner, therefore, submits that the petitioner is not liable to pay the amount now demanded as per Ext.P1. In this regard the petitioner has filed Ext.P2 before the 1st respondent. The petitioner, for the present, confines his relief for a direction to the 1st respondent to consider and pass orders on Ext.P2. 2. I have heard the parties. 3. Admittedly the petitioner is only the legal heir of the w.p.c.12226/08 2 defaulter. When amounts are demanded from the legal heir of the defaulter, the respondents have to make sure that the legal heir has come into possession of properties belonging to the defaulter. Therefore, before enforcing the demand, they have to address themselves to the question as to whether the petitioner is the recipient of any property of his late father by succession, without which they cannot proceed further. Accordingly, I direct the 1st respondent to consider and pass a reasoned order on Ext.P2 after hearing the petitioner also. Till orders are passed on Ext.P2, further proceedings for recovery of the amount as per Ext.P1 shall be kept in abeyance. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.12226/08 3