Madras High Court
Muthusamy Gounder vs 5 Chinnasamy on 1 July, 2021
W.P.No.26208 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 1.7.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.26208 of 2017
and W.M.P.No.27853 of 2017
Muthusamy Gounder
S/o.Chinna Kumarasamy Gounder
Kuppanaickkenpatti Navanari
Periyakumarapalayam Post,
Dharapuram Taluk, Tiruppur District. ... Petitioner
Vs.
1 The Superintending Engineer,
Tamilnadu Electricity Board,
Tamilnadu Generation and Electricity Distribution
Corporation Ltd., Udumalpet, Udumalpet Taluk,
Tiruppur District
2 The Executive Engineer,
Tamilnadu Electricity Board,
Tamilnadu Generation and Electricity Distribution
Corporation Ltd., Dharapuram,
Dharapuram Taluk, Tiruppur District.
3 The Assistant Executive Engineer,
Tamilnadu Electricity Board,
Tamilnadu Generation & Electricity Distribution
Corpn. Ltd. Kallivalasu Kundadam,
Dharapuram Taluk, Tiruppur District
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.26208 of 2017
4 The Junior Engineer
Tamilnadu Electricity Board,
Tamilnadu Generation & Electricity Distribution
Corpn. Ltd. Marudhur, Kallivalasu,
Dharapuram Taluk, Tiruppur District.
5 Chinnasamy
S/o.Velusamy @ Marappa Gounder
Kuppanaickkenpatti, Navanari,
Periyakumarapalayam Post,
Dharapuram Taluk, Tiruppur District. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, forbearing the respondents 1
to 4 from effecting electricity service connection in the name of the 5th
respondent herein for the open well situated in common land in R.S.Nos.93/1A,
93/1C (Old S.No.24/A), Navanari Village, Dharapuram Taluk, Tiruppur District.
For Petitioner : Mr.C.Prakasam
For Respondent No.1to4 : Mr.D.Krishna Pradeep,
Standing Counsel
for T.N.E.B.
For Respondent No.5 : Mr.V.Vijayakumar
*****
ORDER
According to the petitioner, petitioner is joint owner of land in
S.No.24-A admeasuring 4.41 acres of dry lands. Petitioner's grandfather
Ramasamy Gounder purchased 1.90 acres of land situated in Old S.No.24-A,
Navanari Village, Dharapuram Taluk, Tiruppur District from one Nachimuthu
https://www.mhc.tn.gov.in/judis/
W.P.No.26208 of 2017
Gounder on 1.9.1931 and he was put in possession of 1.90 acres out of 4.41
acres of property. The remaining lands belongs to 5th respondent. There is
dispute with regard to partition among the 5th respondent as well as his brother
Narayanasamy. Therefore, suit has been filed in O.S.No.100 of 2017 on the file
of Sub Court, Dharapuram and the same is pending for partition. In such
circumstances, when the dispute regarding the subject matter of the property
is still pending before the Sub Court, the 5th respondent has applied for
electricity service connection for newly digwell. The petitioner has objected
on the ground that the dispute regarding the subject matter of the property is
still pending before the Sub Court, Dharapuram. Therefore, the petitioner has
approached this Court for forbearing the respondent Electricity Board from
effecting electricity service connection.
2. The learned counsel appearing for the 5th respondent admitted
the dispute regarding subject matter of the property is still pending before the
Civil Court for partition and he applied for electricity service connection for
newly digwell. In so far as the Patta No.554 in respect of the land in
R.S.Nos.93/1A, 93/1C relied upon by the petitioner, petitioner's name
Muthusamy Gounder is not found in the said patta. Therefore, he made
objection in respect of the other properties in S.No.93/1A, 93/1C. He further
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W.P.No.26208 of 2017
submitted that any dispute regarding the property which is subject matter of
the suit and if any electricity service connection effected, same shall be the
subject to the judgment passed in the aforesaid suit.
3. Both the petitioner and the 5th respondent agreed that if any
electricity service connection effected in the subject matter of the property in
the aforesaid suit, same shall be subject to the judgment passed in the
aforesaid suit.
4. Taking note of the aforesaid fact, this Court is inclined to direct
the respondent Board to consider the petitioner's application for effecting
electricity service connection if otherwise reaches seniority, after giving an
opportunity to any other interested persons if necessary. The said exercise
shall be completed within a period of 12 weeks from the date of receipt of
copy of this order. It is made clear that any electricity service connection
effected to the 5th respondent, will be subject to the outcome of the judgment
passed in the suit in O.S.No. 100 of 2017 pending on the file of Sub Court,
Dharapuram.
5. The writ petition stands disposed of with the above directions.
No costs. Connected miscellaneous petition is closed.
1.7.2021
https://www.mhc.tn.gov.in/judis/
W.P.No.26208 of 2017
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 The Superintending Engineer,
Tamilnadu Electricity Board,
Tamilnadu Generation and Electricity Distribution Corporation Ltd.,
Udumalpet, Udumalpet Taluk, Tiruppur District
2 The Executive Engineer,
Tamilnadu Electricity Board,
Tamilnadu Generation and Electricity Distribution Corporation Ltd.,
Dharapuram, Dharapuram Taluk, Tiruppur District.
3 The Assistant Executive Engineer,
Tamilnadu Electricity Board,
Tamilnadu Generation & Electricity Distribution Corpn. Ltd.
Kallivalasu Kundadam, Dharapuram Taluk, Tiruppur District.
4 The Junior Engineer
Tamilnadu Electricity Board,
Tamilnadu Generation & Electricity Distribution Corpn. Ltd. Marudhur,
Kallivalasu, Dharapuram Taluk, Tiruppur District.
https://www.mhc.tn.gov.in/judis/
W.P.No.26208 of 2017
D.KRISHNAKUMAR, J.
vaan
W.P.No.26208 of 2017
and W.M.P.No.27853 of 2017
Dated: 1.7.2021
https://www.mhc.tn.gov.in/judis/
