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Judgment
M.R. Hariharan Nair, J.—The petitioner is a subscriber of telephone No. 422767 and there is no arrears in respect of that telephone. he is aggrieved that for non-payment of arrears in respect of telephone No. 422559 of a Company of which the petitioner is only one of the Directors, his telephone is going to be disconnected. The petitioner has filed an additional affidavit on 16/1/2002 therein it is mentioned that all the affairs of the company are being managed by its Managing Director Sri K.M. Alexander and that the petitioner does not have custody, possession or control of the assets of the company.
Rule 443 of the Indian Telephone Rules, 1951 enables disconnection of telephone or telephones or telex service rented by him for non-payment of telephone charges in respect of another telephone in his name. As far as the present case is concerned, the non-payment of telephone charges in respect of the company is not a matter within the control of the present petitioner because he is not the Managing Director. The arrears of telephone charges did not arise from a telephone in the name of the present petitioner and as such for arrears in respect of telephone No. 422559 which stands in the name of the Blue Chip Diamond Ltd., the personal telephone of the petitioner bearing No. 422767 cannot be disconnected.
The Original Petition is hence allowed and Ext.P1 is quashed.