Madras High Court
P.Mukesh vs P.Virumandi ... 1St on 26 July, 2021
W.A.(MD)Nos.1446 and 1447 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.1446 and 1447 of 2021
and
CMP(MD)Nos.5937 and 5938 of 2021
P.Mukesh ... Appellant / 5th Respondent in both appeals
Vs.
1.P.Virumandi ... 1st Respondent/Petitioner in both appeals
2.The Commissioner,
Office of the Commissioner,
Madurai Corporation,
Anna Nagar, Madurai District.
3.The Deputy Commissioner,
Office of the Deputy Commissioner,
Madurai Corporation,
Anna Maligai, Madurai District.
4.The Assistant Commissioner,
Office of the Assistant Commissioner,
Zone-4, Madurai Corporation,
Madurai.
... Respondents 2 to 4 / Respondents 1 to 3 in
W.A.(MD)No.1446 of 2021
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W.A.(MD)Nos.1446 and 1447 of 2021
5.The Executive Engineer,
Office of the Executive Engineer,
TANGEDCO, Arasaradi West,
Madurai.
6.The Assistant Executive Engineer,
Office of the Assistant Executive Engineer,
TANGEDCO, Pasumalai,
Madurai.
7.The Assistant Engineer,
Office of the Generation and Distribution,
TANGEDCO, TVS Nagar,
Madurai. ... Respondents 2 to 4 /
Respondents 1 to 3 in W.A.(MD)No.1447 of 2021
P.Sivanammal (Died)
COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters
Patent, praying to set aside the orders dated 05.01.2021 in W.P.(MD)Nos.14993
and 15966 of 2015 on the file of this Court.
For Appellant : Mr.M.Kannan
(in both appeals)
For 1st Respondent : Mr.T.Lajapathi Roy
(in both appeals)
For Respondents 2 to 4 : Mrs.S.Srimathy
(in both appeals) Standing Counsel
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W.A.(MD)Nos.1446 and 1447 of 2021
COMMON JUDGMENT
**********************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.M.Kannan, learned Counsel appearing for the
Appellant, Mr.T.Lajapathi Roy, learned Counsel appearing for the first
respondent and Mrs.S.Srimathy, learned Standing Counsel appearing for the
respondents 2 to 4.
2.These writ appeals have been filed challenging the orders passed in
W.P.(MD) Nos.14993 and 15966 of 2015, dated 05.01.2021, respectively.
3.The first respondent is the writ petitioner in both the cases and the
relief sought for by the first respondent in W.P.(MD) No.14993 of 2015 is to
forbear the Official respondents from passing any order on the application given
by the writ appellant for modification of the entries in the property tax
assessment pertaining to the property in Survey No.472/1 at Madakulam
Village, Pykara, Madurai District, without hearing the first respondent.
4.The prayer sought for in W.P(MD) No.15966 of 2015 is for issuance
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W.A.(MD)Nos.1446 and 1447 of 2021
of a Writ of Certiorarified Mandamus to quash the order passed by the fourth
respondent and to provide electricity service connection to the first respondent /
writ petitioner in respect of an extent of 2200 Sq. feet in Door No.42, E.B. Main
Road, Muthuramalingapuram,Pykara, Madurai District.
5.The learned Writ Court had disposed of both the writ petitions by
noting the stand taken by the Madurai Corporation and the Electricity Board.
We find that there is no much discussion about on what basis the first
respondent had approached the writ Court and sought for the prayers as
mentioned above. Furthermore, there is no discussion as to what is the
contention of the writ appellant, who was the contesting respondent in the writ
petitions. Insofar as the WP(MD) No.14993 of 2015 is concerned, the learned
Writ Court merely recorded the stand taken by the Madurai Corporation in its
counter affidavit. When civil rights are involved, the writ Court should be very
slow in interfering with such matters. However, if it finds that there is any
arbitrary exercise of power by the authorities or the authorities are acting
wholly without jurisdiction, then the Court would be justified in interfering in
such matters. We find no such observation in both the impugned orders passed
in the writ petitions.
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W.A.(MD)Nos.1446 and 1447 of 2021
6.That apart, the learned Writ Court appears to have not been
appraised of the fact that the first respondent/writ petitioner has filed a suit in
O.S.No.1242 of 2015 which is pending on the file of the I Additional
Subordinate Court, Madurai and his wife has filed a suit in O.S.No.613 of 2016
pending before the Principal District Munsif Court, Madurai, both concerning
the same property, in which, the appellant is the defendant. The appellant has
filed a suit in O.S.No.1101 of 2019 which is also pending before the I
Additional Subordinate Court, Madurai and tagged along with O.S.No.1242 of
2015, for joint trial.
7. In fact, these aspects have been filed in the form of an affidavit in
support of the impleading petition filed by the appellant in the writ petitions.
The learned Writ Court was satisfied that the appellant is a proper and necessary
party to the writ petitions and therefore, allowed the impleading petitions, by
order, dated 05.01.2021 and without affording an opportunity to the appellant to
file his counter affidavit nor considering any of the submissions made by the
appellant in the impleading petition, the writ petitions were disposed of by
order, dated 05.01.2021, as mentioned above, which is a very brief order. Since
the parties are before the Civil Court, no useful purpose would be served, by
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W.A.(MD)Nos.1446 and 1447 of 2021
directing the authorities to consider the application for Electricity Service
connection and no direction as sought for by the first respondent to the
Corporation of Chennai can be granted.
8. That apart, the appellants alleges that fraud has been played by
inserting certain papers in the document which is purported to be a sale deed
executed by a Court, pursuant to the Court auction. All these issues should be
agitated by the parties before the civil Court and the impugned directions issued
in the writ petitions have to be necessarily set aside.
9.Accordingly, these Writ Appeals are allowed and the order and
directions issued in the writ petitions are set aside and consequently, the writ
petitions are dismissed. It is open to the appellant as well as to the first
respondent to agitate all their rights in the pending civil litigation. No costs.
Consequently, connected miscellaneous petitions are closed.
[T.S.S., J.] & [S.A.I., J.]
26.07.2021
Index : Yes / No
Internet : Yes / No
RM
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.1446 and 1447 of 2021
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
1.The Commissioner,
Office of the Commissioner,
Madurai Corporation,
Anna Nagar, Madurai District.
2.The Deputy Commissioner,
Office of the Deputy Commissioner,
Madurai Corporation,
Anna Maligai, Madurai District.
3.The Assistant Commissioner,
Office of the Assistant Commissioner,
Zone-4, Madurai Corporation,
Madurai.
4.The Executive Engineer,
Office of the Executive Engineer,
TANGEDCO, Arasaradi West,
Madurai.
5.The Assistant Executive Engineer,
Office of the Assistant Executive Engineer,
TANGEDCO, Pasumalai,
Madurai.
6.The Assistant Engineer,
Office of the Generation and Distribution,
TANGEDCO, TVS Nagar,
Madurai.
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W.A.(MD)Nos.1446 and 1447 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)Nos.1446 and 1447 of 2021
26.07.2021
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