Madras High Court
Chellan @ Velayudham vs The Junior Engineer ... on 14 July, 2021
W.P(MD)No.6613 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:14.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P(MD)No.6613 of 2017
and
W.M.P.(MD).No.5203 of 2017
Chellan @ Velayudham ... Petitioner
vs.
1. The Junior Engineer (Distribution),
TANGEDCO,
Kaliyal,
Kanyakumari District.
2. Sasidharan
(The second respondent is impleaded as per the
order of this Court, dated 14.07.2021, in
W.M.P.(MD).No.7924 of 2017.)
... Respondent
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records on the file of the respondent pertaining to its order
bearing Ka.no.Enipo/V/Kaliyal/ko.kattu/a.no.1088116, dated 29.11.2016
and to quash the same and consequently direct the respondent to grant
electricity connection to the petitioner's residential building bearing Door
No.23-10B1 in Survey No.522/1 of Kaliyal Village, within a time frame
that may be stipulated by this Court.
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6613 of 2017
For Petitioner : Mr.S.C.Herold Singh
For R1 : Mr.S.M.S.Jhony Basha
For R2 : M/s.J.Anandhavalli
ORDER
This writ petition has been filed challenging the impugned refusal
letter issued by the first respondent, dated 29.11.2016 and for a
consequential direction to the first respondent to grant electricity
connection to the residential building belonging to the petitioner.
2. The case of the petitioner is that the subject property measures
an extent of 42 cents and out of the same, 22 cents was mortgaged. The
property was purchased subject to this mortgage. The wife of the
petitioner had applied for electricity service connection and the same was
rejected and it became the subject matter of challenge before this Court
in W.P.No.19157 of 2000. This Court, by an order dated 04.01.2001,
dismissed the writ petition and directed the wife of the petitioner to
establish her right over the property and seek for the service connection.
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W.P(MD)No.6613 of 2017
3. The wife of the petitioner died on 13.08.2006. Subsequently, the
petitioner made an application along with necessary documents seeking
for service connection. The said application was rejected by the first
respondent and aggrieved by the same, the present writ petition has been
filed before this Court.
4. Heard Mr.S.C.Herold Singh, learned counsel appearing for the
petitioner, Mr.S.M.S.Jhony Basha, learned counsel appearing for the first
respondent and M/s.J.Anandhavalli, learned counsel appearing for the
second respondent.
5. It is seen from the records that the wife of the petitioner had
initially filed a suit for declaration and permanent injunction in O.S.No.
328 of 1997 against the second respondent before the Principal District
Munsif Court, Kuzhithurai and the same was dismissed and confirmed
by this Court in S.A.(MD).No.224 of 2006.
6. The second respondent had filed a suit in O.S.No.293 of 1983
for redemption of the property and the suit ultimately ended up before
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W.P(MD)No.6613 of 2017
this Court in S.A.(MD).Nos.1247 to 1249 of 1994 and S.A.(MD).No.224
of 2006. A final judgment was passed in these second appeals and the
redemption decree passed in favour of the second respondent was
confirmed. The second respondent filed an execution petition for
delivery of possession and the Principal District Munsif, Kuzhithurai by
fair and final order dated 10.02.2014, ordered for delivery of possession
insofar as 22 cents, out of 32 cents. It is also brought to the notice of this
Court that the petitioner filed an application under Section 47 of C.P.C.
and the same was ordered on 18.01.2018 and aggrieved by the same, the
second respondent filed C.R.P. before this Court in C.R.P.(MD)No.1120
of 2019 and the final arguments have been heard and orders have been
reserved.
7. In the considered view of this Court, the final orders in the
C.R.P. will conclusively decide as to whether the second respondent will
be taking possession of the property where the building has been
constructed. In the meantime, if any directions are issued to the first
respondent for providing electricity service connection, that may only
cause more confusion. The petitioner having waited so long, can wait for
some more time till the final orders are passed in the C.R.P. Subject to
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W.P(MD)No.6613 of 2017
the result in the C.R.P., it is left open to the petitioner to revive the
request for electricity service connection.
8. This Writ Petition is disposed of accordingly. No costs.
Consequently, the connected Miscellaneous Petition is closed.
14.07.2021
Index :Yes/No
Internet:Yes/No
akv
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
The Junior Engineer (Distribution),
TANGEDCO,
Kaliyal,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.6613 of 2017
N.ANAND VENKATESH,J.
akv
ORDER MADE IN
W.P(MD)No.6613 of 2017
14.07.2021
https://www.mhc.tn.gov.in/judis/
