IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 7502 of 2011(K) ------------------------- PETITIONER(S): --------------- HASSAINAR, S/O. ABDULKHADER, AGED 50 YEARS, K.P.IV/465, NATTAKKAL HOUSE, ADHUR VILLAGE, P.O.BELUR, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI, PIN-110 001. 2. BHARATH SANCHAR NIGAM LTD., REPRESENTED BY ITS GENERAL MANAGER, THIRUVANANTHAPURAM, PIN-695 003. 3. GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD., KANNUR, PIN-673 542. 4. TAHSILDAR, REVENUE RECOVERY, KASARAGOD, PIN-671 512. R1 BY SRI. P. PARAMESWARAN NAIR, ASGI. R2 TO R3 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL R4 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7502 of 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE DEMAND NOTICE UNDER THE REVENUE RECOVERY ACT DT.2/2011 ISSUED BY TAHSILDAR, KASARAGOD. P2 : COPY OF THE REQUEST DATED 5/8/2010 BEFORE THE 3RD RESPONDENT BYTHE PETITIONER. P3 : COPY OF THE REMINDER BEFORE THE 2ND RESPONDENT BY THE PETITIONER. P4 : COPY OF THE REQUISITION DATED 24/01/2011 ISSUED TO THE RECOVERING AUTHORITY BY THE BSNL. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd S. SIRIJAGAN, J ================== W.P.(C).No. 7502 of 2011 ================== Dated this the 13th day of July, 2011 JUDGMENT The petitioner claims to be a franchisee of a public telephone booth where there are 7 connections. According to the BSNL, the petitioner is not a franchisee but only a subscriber, who was applied for telephone connections. At present the petitioner is challenging alleged exorbitant telephone bills on the ground that metering of the petitioner's telephone connection was in trouble. Petitioner has already requested the respondent for referring the matter for arbitration under section 7(B) of the Indian Telegraph Act. The Counsel for the BSNL submits that appropriate steps have been taken to refer the matter for arbitration u/s 7(B). In the above circumstances, this writ petition is disposed of with a direction that until the arbitrator gives an award, further recovery proceedings shall be kept in abeyance, provided, the petitioner has paid the amounts as ordered in the interim orders. S. SIRIJAGAN, JUDGE smvd