IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.28111 OF 2020(L)
PETITIONER:
SHEEBAMOL K.J
AGED 38 YEARS
W/O. LATE ROY MATHEW, PEMALA HOUSE,
KOTTACKUPURAM, ATHIRAMPUZHA P.O.,
KOTTAYAM-686 562
BY ADV. SRI.MANJUNATH MENON
RESPONDENTS:
1 GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS, DEPARTMENT OF
TELECOMMUNICATIONS, OFFICE OF SR.DDG,
KERALA LSA, CTSD COMPOUND, GANDHI NAGAR,
ERNAKULAM, KERALA-682 020
2 BHARAT SANCHAR NIGAM LIMITED,
REPRESENTED BY GENERAL MANAGER,
B.S.N.L OFFICE, KOTTAYAM-686 001
3 BIJU MATHEW,
AGED 43 YEARS
S/O. MATHEW, PEMALA HOUSE, ATHIRAMPUZHA P.O.,
KOTTACKUPURAM, KOTTAYAM-686 562
OTHER PRESENT:
SMT.KRISHNA KUMARI.K.R., SC, BSNL,
SRI.S.VAIDHYANATHAN, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28111 OF 2020(L)
2
J U D G M E N T
The grievance of the petitioner is over the action of the second respondent in denying her transfer of SIM No.9447807004 which was issued in the name of her deceased husband. It is stated that immediately after the death of her husband Roy Mathew, she had given consent for conduct of business which was being undertaken by her husband, by the 3 rd respondent, who is the bother of the deceased husband. However later the petitioner submitted Ext.P5 complaint requesting for transferring the SIM in her name. Even though the said complaint was submitted as early as on 24.02.2020, the second respondent did not take any action. Therefore petitioner submitted another complaint before the first respondent. It is stated that by Ext.P8 letter the second respondent informed the petitioner that the SIM card has already WP(C).No.28111 OF 2020(L) 3 been linked with the Aadhaar Number of the 3 rd respondent, Shri Biju Mathew and BSNL is not responsible for any unauthorized use due to transfer of SIM by the petitioner.
2. Learned counsel for the petitioner submits as per the provision contained in Rule 429 of Indian Telegraph Rules, transfer of a SIM can be made only to the legal heirs and a transfer to anybodyelse can only be with the consent of the legal heirs. According to the petitioner such consent is not given by any of the legal heirs of deceased Roy Mathew.
3. Heard the learned counsel for the petitioner as well as Smt.K.R.Krishna Kumari, learned Standing Counsel appearing for the second respondent. It is seen that a decision on the complaint Ext.P5 is not taken by the second respondent in accordance with rules. Therefore there shall be a direction to the second respondent to reconsider Ext.P5 complaint submitted by the petitioner for transferring the SIM WP(C).No.28111 OF 2020(L) 4 in accordance with the rules dehorse Ext.P8 and to take appropriate action within a period of 'one month' from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE AS WP(C).No.28111 OF 2020(L) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE OF ROY MATHEW DATED 19.12.2017 EXHIBIT P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THAHASILDAR , KOTTAYAM DATED 15.02.2019 EXHIBIT P3 TRUE COPY OF THE LICENCE ISSUED BY ATHIRAMPUZHA GRAMA PANCHAYATH FOR THE PERIOD 2019-2020 DATED 07.09.2019 EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY DISTRICT POLICE OFFICE, KOTTAYAM DATED 24.02.2020 EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24.02.2020 EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT DATED 26.02.2020 EXHIBIT P7 TRUE COPY OF THE COMPLAINT TO THE 1ST RESPONDENT EXHIBIT P8 TRUE COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 01.05.2020