IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY THE TENTY FIRST OF APRIL TWO THOUSAND EIGHT PRESENT THE HON'BLE DR JUSTICE S.ASHOK KUMAR WRIT PETITION No.16253 of 2001 Between: 1 Sub Divisional Officer Telecom, Challapalli, Krishna Dist. 2 Junior Telecom Officer, Telephone Exchange, Avanigadda, Krishna Dist. ..... PETITIONER(S) AND 1 K.Lokeshwara Rao S/o Krishna Murthy Bandlaicheruvu, Avanigadda, Krishna Dist. 2 Chairman, Talq Legal Services Committee, Avanigadda, Krishna Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly in the nature of mandamus and to declare the order dated 21.07.2001 in Lok Adalat Petition No.8/2001 on the file of Chairman Taluq Legal Service Committee AVANGADDA being illegal, null and void. Counsel for the Petitioner: MR.R.S.MURTHY Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE S.ASHOK KUMAR WRIT PETITION No.16253 of 2001 O R D E R In spite of printing the name of the first respondent, there is no representation on his behalf. Notice is not necessary for the second respondent, since order under challenge was passed by the Senior Civil Judge-cum-Chairman of Taluk Legal Services Committee, and he is not a contesting party and has no interest in the subject matter. This writ petition is directed against the order of second respondent in LAP No.8 of 2000, dated 21st July, 2001 directing the writ petitioners to give new telephone service connection to the first respondent. Brief facts of the case are as follows: The first respondent applied for a new telephone connection at his residence. The petitioners – Department of Tele-communications declined to provide new telephone connection at the residence of first respondent on the ground that an amount of Rs.10,653/- relating to Telephone No.72339, which was in the name of father of the first respondent, remained unpaid and insisted that if that defaulted amount payable by the father of the first respondent is paid, new telephone connection will be processed on the application of the first respondent. On the complaint made by the first respondent, an order was passed by the 2nd respondent on 21.07.2001 directing the petitioners to give a new telephone connection to the first respondent. Aggrieved by the said order, the petitioners filed the present writ petition. Mr.R.S.Murthy, learned Senior Counsel, appearing for the Telecom Department, would contend that the father and son – first respondent are residing under the same roof and when the father defaulted in payment of the telephone bills, disconnection was effected. Without paying the arrears due by the father of the first respondent, the first respondent filed an application for a new telephone connection in the self same premises. Exactly in a similar case in SMT.P.SATYAVATHI V/s. DEPARTMENT OF TELE-COMMUNICATIONS (W.P.No.12055 of 1998) while referring to a judgment of this Court in W.A.No.833 of 1995, this Court upheld Rule-416 of I.T. Rules to realize the dues from one of the members of the family and held that the wife is liable to pay the dues of the husband or son. The facts of the above-mentioned case squarely apply to the facts of this case. This is a case in which the defaulter father is residing under the same roof where the first respondent resides and without paying the dues payable by the father, the first respondent-son applied for a new telephone connection. The Taluq Legal Services Committee, Avaigadda, has grossly erred in passing the order without insisting the applicant-first respondent herein to pay the arrears due from his father, and therefore, the order of the second respondent is liable to be set aside, and accordingly set aside. In the result, the writ petition is allowed. There shall be no order as to costs. However, if the first respondent is coming forward to pay the arrears on account of the telephone connection, which was hitherto in his father’s name, the petitioners shall provide new telephone connection to the first respondent. ----------------------------------- JUSTICE S.ASHOK KUMAR 21ST APRIL, 2008 PGS THE HONOURABLE SRI JUSTICE S.ASHOK KUMAR W.P.NO.16253 OF 2001 21ST APRIL, 2008