Madras High Court
K.Manjunathan vs The Superintending Engineer on 7 October, 2021
W.P.No. 21656 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P. No.21656 of 2021
K.Manjunathan Petitioner
-Vs-
1.The Superintending Engineer,
TANGEDCO,
Tiruvannamalai Electricity Distribution,
O & M / West,
Tiruvannamalai – 600 004.
2.The Junior Engineer,
TNAGEDCO,
Tiruvannamalai Electricity Distribution,
O & M / Rural East,
Tiruvannamalai – 600 004.
3.A.Manikanda,
4.S.Chinnadurai Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 & 2 herein to
consider and pass appropriate orders on the petitioner's representation
dated 24.08.2019, requesting the respondents 1 & 2 herein to disconnect
the Electric Service Connection No.1440 and 1415 standing in the name of
the respondents 3 & 4 herein.
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No. 21656 of 2021
For Petitioner : Mr.V.Prakash Babu
For Respondents : Mr.L.Jai Venkatesh
Standing Counsel
ORDER
This writ petition has been filed for issue of writ of mandamus directing the
respondents to consider the representation made by the petitioner on 24.08.2021
wherein the petitioner has requested 1st and 2nd respondents to disconnect the service
connection that stands in the name of the 3rd and 4th respondents.
2.Heard the learned counsel for the petitioner and the learned counsel
appearing on behalf of the respondents.
3.It is seen from records that the 3rd and 4th respondents have already filed a
suit in O.S.No.109 of 2018 and the same is pending on the file of the District Munsif
Court, Tiruvannamalai. The learned counsel for the petitioner submitted that the
patta granted in favour of the 3rd and 4th respondents has already been canceled and
the 3rd and 4th respondents have willfully shown a wrong boundary and had manged to
get the service connection in their name. Therefore, the petitioner had made a
representation to withdraw the service connection given in favour of the 3 rd and 4th
respondents.
https://www.mhc.tn.gov.in/judis/
W.P.No. 21656 of 2021
4.In the considered view of this Court, there is already a suit pending from the
year 2018 and therefore, this Court cannot entertain the writ petition parallely and it
is left open to the parties to establish their rights before the competent civil court.
Even if a direction is issued to the 1st and 2nd respondents, they will not be able to
process the application since they must also await final judgment and decree in the
suit. Therefore, liberty is given to the petitioner to workout his remedy in the
pending suit. Considering the fact that the suit is pending from the year 2018
onwards, there shall be a direction to the District Munsif Court, Tiruvannamalai to
dispose of the Suit in O.S.No.109 of 2018, within a period of six months from the date
of receipt of copy of this order.
5.This writ petition is disposed of accordingly. No Costs.
07.10.2021
Index : Yes/No
Internet : Yes/No
ssr
To
1.The Superintending Engineer,
TANGEDCO,
Tiruvannamalai Electricity Distribution,
O & M / West, Tiruvannamalai – 600 004.
https://www.mhc.tn.gov.in/judis/
W.P.No. 21656 of 2021
N.ANAND VENKATESH, J.
ssr
2.The Junior Engineer,
TNAGEDCO,
Tiruvannamalai Electricity Distribution,
O & M / Rural East,
Tiruvannamalai – 600 004.
W.P. No.21656 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
