IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 23955 of 2006(B) ---------------------------------------- PETITIONER(S): ------------------------- C. KADEEJA, AGED 55, W/O. KUNHIKAMMU, CHERIYAKATH HOUSE, PAKARA P.O., TANALUR, TIRUR TALUK, MALAPPURAM DISTRICT. (STD PCO 2425845 - TIRUR). BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TELECOMMUNICATION, 30 - ASHOKA ROAD, NEW DELHI. 2. THE GENERAL MANAGER, B.S.N.L., KOZHIKODE, TELECOMMUNICATIONS, KOZHIKODE 3. THE ACCOUNTS OFFICER (TR II), OFFICE OF THE DISTRICT TELECOM MANAGER, BSNL, KOZHIKODE TELECOMMUNICATIONS, KOZHIKODE. R1 TO R3 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23955/2006 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CIRCULAR DTD. 6/07/1988. P2: COPY OF THE COMMON JUDGMENT IN W.A.NO.84 OF 1996 DTD. 23/02/1996. P3: COPY OF THE REQUEST MADE BY THE PETITIONER. P4: COPY OF THE AGREEMENT BY THE PETITIONER WITH DEPARTMENT. P5: COPY OF THE JUDGMENT DTD. 11/09/1998 IN W.A.NO.1116 OF 1998. P6: COPY OF THE LETTER BY THE PETITIONER. P7: COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE LETTER DTD. 29/03/2007 ISSUED TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23955 of 2006 (B) --------------------------------- Dated, this the 31st day of August, 2010 J U D G M E N T In this writ petition, what the petitioner seeks is commission @ 20 paise per call unit. 2. While considering this claim, this Court by order dated 08/03/2007 directed that if the petitioner produces the relevant documents in support of his claim for refund, appropriate decision shall be taken by the 3rd respondent within one month from the date of production of such materials. 3. It is now submitted by the learned Standing Counsel appearing for the respondents that in compliance with the interim order dated 08/03/2007, the petitioner did not make any claim. This plea is also raised in the counter affidavit filed. In that view of the matter, making the aforesaid interim order absolute, and directing that it will still be open to the petitioner to produce the materials as directed in the aforesaid interim order, and that if such materials are produced within one month from today, the claim will be decided in accordance with law, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg