IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 6403 of 2010(A) ------------------------- PETITIONER(S): --------------- P.K.BALAKRISHNAN NAIR, "KRISHNANJANAM" BANK ROAD,KALOOR,ERNAKULAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------- 1. BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY THE DIVISIONAL MANAGER, BSNL BHAVAN.KALATHIPARAMBIL ROAD, ERNAKULAM. 2. THE SUB DIVISIONAL ENGINEER, BSNL.LIMITED, PALARIVATTOM, ERNAKULAM. ADV. SRI.V.V.SURESH,SC,BSNL(BHARAT SANCHAR N THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6403/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2010 J U D G M E N T The petitioner herein is a subscriber to a land line telephone No.2330451 having consumer No.4661377 for the last 15 years. He is having broad band internet facility through the said telephone. The telephone connection is to his residential building situated by the side of the Bank Road at Kaloor in Ernakulam District. He is an Advocate by profession. 2. By an application dated 28/12/2009, he requested the second respondent to shift the above telephone to a new building constructed on the same side of the same road at a distance of 100 mts. This new building is nearer to the main road than the old building. The petitioner had remitted the bill amount for that month also and it is stated there is no outstanding arrears also. The petitioner submitted Ext.P1 seeking to shift the telephone without any further delay. Aggrieved by the inaction in the matter, this writ petition has been filed. 3. As directed by this Court, respondents have filed a statement. In paragraph (3) it is averred that the W.P.(C). No.6403/2010 -:2:- present working numbers from pillar No.31 of Palarivattom Telephone Exchange situated at Deshabhimani Junction are not properly working and hence most of them were already changed to WLL connection. 27 other applicants seeking either new connection or shift requirement are in the waiting list prior to the petitioner's position and hence without meeting their requirement request of the petitioner cannot be met. 27 subscribers prior to the petitioner were provided with WLL connections due to non availability of cable pair in that area. This area of Palarivattom Telephone Exchange is fed through very old paper core cable which is not repairable at all. In order to cater the demand in this area BSNL is looking alternate solutions such as DLC (Digital Loop Carrier), GPON (Gigabit Passive Optic Network) etc., according to the availability of equipments, space, media, fund etc.. Till such time the only solution available is WLL telephone connection with high speed internet facility or EVDO (Evolution Data Only) which is portable high speed broad band internet connection which can be connected either to a Laptop or to Desktop very easily and conveniently. 4. The learned counsel for the petitioner submitted that the respondents may be directed to make available WLL W.P.(C). No.6403/2010 -:3:- telephone connection with EVDO (Evolution Data Only) to the petitioner till the shifting as sought for is finally done by them. It is also submitted that the priority in terms of the shifting applications may be adhered to and the same may not be intermingled with new applications. The said request is reasonable. Therefore, as agreed to in the statement of the respondents, they will provide WLL telephone connection with EVDO immediately and; the shifting will be effected in terms of the priority as per the list of persons who have submitted applications for shifting and not in terms of the priority of the new applicants. The same shall also be done expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms