S.Ramasamy v. The Public Grievances Cell

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.3443 of 2016 S.Ramasamy ... Petitioner Vs.

1. The Public Grievances Cell, Department of Telecom, Room No.603, Mahangar Doorsanchar Bhavan, Old Minto Road, J.L.Nehru Marg, New Delhi - 110 002.

2. The Appellate Officer, Bharti Airtel Limited, Oceanic Towers, 8th Floor, 101, Santhome High Road, Chennai-600 028, Tamil Nadu.

3. The Nodal Officer, Bharti Airtel Limited, Oceanic Towers, 8th Floor, 101, Santhome High Road, Chennai-600 028, Tamil Nadu.

.. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the first Respondent to consider the representation of the Petitioner dated 04.11.2015 and to make appropriate arrangements to improve the network coverage in the area. For Petitioner : Mrs.T.Shyamala Chandrasekar For Respondents : Mr. Su.Srinivasan Assistant Solicitor General.

ORDER

The petitioner has come forward with the present writ petition seeking for a mandamus upon the first respondent to consider the representation of the Petitioner dated 04.11.2015 and to make appropriate arrangements to improve the network coverage in the area.

2. Heard Mrs.T.Shyamala Chandrasekar, learned counsel appearing for the petitioner and Mr.Su.Srinivasan, Assistant Solicitor General appearing for the respondents.

3. In the petition, it has been stated that the petitioner has been utilising the services of the respondents for the past 10 years. The petitioner did not face any problem with the services of the respondents and the network was proper in his area few years back. As years passed by, the network in the petitioner's locality got slowed down and at present, there is no signal inside his house. Due to the signal problem for the past three years, the petitioner was forced to come out of his residence to even make a phone call. Hence the petitioner contacted the respondents' service providers, who ensured him that they will solve the issue within 10 days and if they are not able to solve the issue, they will make arrangements to put up a new tower in that area for improved network coverage within 90 days.

But till date, there is no response from the respondents. Hence the petitioner gave a complaint on 14.09.2014 through e-mail before the respondent, since there was no response from the respondents, again he gave a complaint on 16.9.2014 requesting them to resolve the issue at the earliest. Despite the same, the respondents instead of taking any action, sent an auto-generated mail stating that action will be taken promptly.

4. Therefore, the petitioner, once again took the issue before the Appellate Authority of the respondents through e-mail on 01.10.2014, but there was no response from the Appellate Authority. The petitioner again sent a complaint dated 3.12.2014 stating that there was no response for his previous representations and requested immediate action in the issue. But his representations were simply ignored by the respondents and its staff members.

5. On 4.11.2015, the petitioner sent a representation addressing the grievance and to solve the issue at the earliest, but till date there has been no action taken by the respondents. Hence the petitioner is before this Court with this Writ petition.

6. Considering the submissions of the learned counsel for the petitioner, this Court directs the petitioner to give a fresh representation before the respondents along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on such representation, the 1st respondent is directed to consider the same and, pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter.

7. With the above direction, this Writ petition is disposed of. No costs.

msr -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar To

1. The Public Grievances Cell, Department of Telecom, Room No.603, Mahangar Doorsanchar Bhavan, Old Minto Road, J.L.Nehru Marg, New Delhi - 110 002.

2. The Appellate Officer, Bharti Airtel Limited, Oceanic Towers, 8th Floor, 101, Santhome High Road, Chennai-600 028, Tamil Nadu.

3. The Nodal Officer, Bharti Airtel Limited, Oceanic Towers, 8th Floor, 101, Santhome High Road, Chennai-600 028, Tamil Nadu.

+ 1 cc to M/s.T.Shyamala Chandrasekar,Advocate, SR 7636 + 1 cc to Mr.SO.Srinivasan,Advocate, SR 7348 svi(co) prk7/3 W.P.No.3443 of 2016