IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 30519 of 2003(G) -------------------------------------- PETITIONER: ------------------ ASHIK P.ASHOK, PENNAPURATH HOUSE, LAXMI, MALAPPARAMBA PO, KOZHIKODE 673 009. BY ADV. SRI.K.MOHANA KANNAN RESPONDENTS: ------------------------ 1. UNION OF INDIA, REP. BY MINISTRY OF COMMUNICATIONS, DEPARTMENT OF TELECOM, T.R.SECTION 914, SANCHAR DIVISION, 20, ASHOKA ROAD, NEW DELHI - 110 001. 2. C.S.ASHOK KUMAR, ARBITRATOR AND CHIEF ACCOUNTS OFFICER, O/O.THE GENERAL MANAGER, TELECOM 4TH FLOOR, COCHIN DEVSWOM BOARD BUILDING, THRISSUR 680 001. 3. THE GENERAL MANAGER, TELECOM, BHARATH SANCHAR NIGAM LIMITED, CALICUT. 4. C.P.NAMBOODIRI, ARBITRATOR & AREA MANAGER, TELECOME, KANHANAGAD, CANNANORE DISTRICT. 5. THE CHIEF GENERAL MANAGER, TELECOM, VELLAYIL EXCHANGE, CALICUT. R1 BY ADV. SRI.N.NEELAKANTAN ELAYATH,ADDL.CGSC R2 TO R6BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30519/2003 APPENDIX PETITIONER'S EXHIBITS, EXT.P1:- COPY OF THE ORDER PASSED BY THE IST RESPONDENT DT. 28.3.2000. EXT.P2 SERIES:- COPIES OF THE WRITTEN STATEMENTS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 30.6.2000. EXT.P3:- COPY OF THE REMINDER SENT BY THE PETITIONER TO THE 2ND RESPONDENT ON 21.5.2001. EXT.P4:- COPY OF THE ORDER PASSED BY THE IST RESPONDENT NI.13/10/22- 36/ARB/2000/TR (27- 28 & 29 DT. 5.3.2003. EXT.P5:- COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DT. 9.6.03. EXT.P6:- COPY OF THE REPLY SENT BY THE PETITIONER TO THE 4TH RESPONDENT ON 24.6.2003. EXT.P7:- COPY OF THE AWARD NO.AMKNG/ARB/CALICUT/57998/13 DT. 11.8.2003 PASSED BY THE 4TH RESPONDENT. EXT.P8:- COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT TO THE PETITIONER DT. 11.9.2003. EXT.P9:- COPY OF THE BILL DT. ISSUED TO THE PETITIONER FOR RS. 10,995/-. EXT.P10:- COPY OF THE BILL DT. ISSUED TO THE PETITIONER FOR RS. 10,394/-. EXT.P11:- COPY OF THE BILL DT. ISSUED TO THE PETITIONER FOR RS.5,828/-. EXT.P12:- COPY OF THE OBJECTION RAISED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT. 14.11.01. EXT.P13:- COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DT. 6.12.01. EXT.P14:- COPY OF THE NOTICE NO.CAO(TA)/TRC/ARB/CLT/57998 DT. 12.7.2000 ISSUED BY THE 2ND RESPONDENT. EXT.P15:- COPY OF THE NOTICE NO.CAO(TA)/TRC/ARB/CLT/57998(3)/A6/ DT. 19.6.2000 ISSUED BY THE 2ND RESPONDENT. EXT.P16:- COPY OF THE JUDGMENT IN OS. NO.1037/1992 DT. 13.7.1994 OF THE HONOURABLE MUNSIFF, KOZHIKODE. W.P.(C)NO.30519/2003 RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE NOTICE DT. 12.7.2000 ISSUED BY THE ARBITRATOR. EXT.R3(b)(1):- COPY OF THE REMINDER DT. 7.9.2001. EXT.R3(b)(2):- COPY OF THE REMINDER DT. 7.9.2001. EXT.R3(b)(3):- COPY OF THE REMINDER DT. 7.9.2001. EXT.R3(c):- COPY OF THE LETTER DT. 16.7.2003 SUBMITTED BY THE PETITIONER. EXT.R3(d):- COPY OF THE LETTER DT. 22.2.2000. EXT.R3(e):- COPY OF THE LETTER DT. 22.2.2000. EXT.R3(f):- COPY OF THE LETTER DT. 22.2.2000. True copy P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 30519 OF 2003 --------------------------------------- Dated this the 11th day of January, 2008. J U D G M E N T Petitioner is aggrieved by the telephone bills issued to him. It is seen that there has been several rounds of litigation in the matter. Now the Arbitrator has passed Exhibit P7 Award. The contention of the petitioner is that the Award is passed without affording an opportunity for hearing to the petitioner. 2. Learned standing counsel for the BSNL submits that the objections of the petitioner put in writing were considered by the Arbitrator and a considered Award has been passed. Be that as it may, the petitioner only prays for an opportunity before the third respondent to verify the records. In the above circumstances, this writ petition is disposed of as follows: Petitioner may file his objection before the third respondent within a period of one month from today. The third respondent shall afford an opportunity for hearing to the petitioner and permit him also to verify the available records. Thereafter, appropriate orders in accordance with law shall be passed by the third respondent within a period of another two months. The W.P.(C) 30519/03 2 petitioner undertakes that he will not pursue the matter further invoking his remedy under Section 7B of the Indian Telegraph Act, 1885. Till orders as above are passed by the General Manager, interim order passed by this Court will continue. KURIAN JOSEPH, JUDGE. smp