Madras High Court
N.D.Balaji vs Government Of Tamilnadu on 11 January, 2023
W.P.No.898 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.898 of 2023
N.D.Balaji ...Petitioner
Vs.
1.Government of Tamilnadu,
Rep. By Secretary, Energy Department,
Fort St.George, Chennai – 600 009.
2.The Chairman,
Tamilnadu Electricity Board,
No.800, Anna Salai,
Chennai – 600 002.
3.The Executive Engineer,
Tamilnadu Electricity Board,
North Zone-5, Royapuram,
Chennai – 600 013.
4.The Assistant Engineer,
Tamilnadu Electricity Board,
North Zone-5, Royapuram, Chennai – 600 013.
5.The Inspector of Police,
N-1, Royapuram Police Station,
Royapuram, Chennai – 600 013.
6.E.Soosaydas Sagayaraj ..Respondents
1/6
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W.P.No.898 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, directing the 4th respondent herein
to consider and act upon the representation dated 01.12.20222 and
consequently provide electricity service connection to the petitioner's
company bearing No.40/73, 1st Floor, West Madha Church Street,
Royapuram, Chennai – 600 013 within a time stipulated.
For Petitioner : Mr.G.Gokul
For Respondents : Mr.U.Baranidharan
Additional Govt. Pleader for R1 & R5
Mr.L.Jai Venkatesh for R2, R3 & R5
ORDER
The petitioner is a tenant in a property bearing Door No.40/73, 1st
Floor, West Madha Church Street, Royapuram, Chennai – 600 013 under the
6th respondent. Admittedly, as between the petitioner and the 6th respondent
RLTOP.No.544 of 2022 is now pending before the XIIth Small Causes Court
at Chennai, which petition has been filed by the 6 th respondent under
Section 21(2)(a) of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017.
https://www.mhc.tn.gov.in/judis
W.P.No.898 of 2023
2.Once a judicial forum is seized of disputes between a landlord
and tenant, it will be extremely inappropriate and improper on the part of
any another judicial forum to consider any dispute arising inter alia between
the tenant and the landlord. It is the grievance of the petitioner that the
electricity connection has been cut off. The learned Standing Counsel for
the respondents 1 and 4 however stated that it is only the 6 th respondent who
has disconnected the electricity supply. Restoration of the amenities is
within the purview of the Small Causes Court at Chennai and this Court
cannot and should not interfere with the matter.
3.The learned counsel for the petitioner has placed reliance on the
judgment of a learned Single Judge dated 07.09.2021 in W.P.No.1262 of
2021 in M.Wahid Ali Vs. Government of Tamilnadu and Others and
stated that a mandamus must be issued to the respondents to provide
electricity connection. I am not in agreement with the said judgment and
more particularly, there is no reference that proceedings were pending
before a competent Court. The said judgment is not applicable to the case
on hand.
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W.P.No.898 of 2023
4.This Writ Petition fails and it is accordingly, dismissed. No
costs.
11.01.2023
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
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W.P.No.898 of 2023
To:-
1.The Secretary,
Government of Tamil Nadu,
Energy Department,
Fort St.George, Chennai – 600 009.
2.The Chairman,
Tamilnadu Electricity Board,
No.800, Anna Salai,
Chennai – 600 002.
3.The Executive Engineer,
Tamilnadu Electricity Board,
North Zone-5, Royapuram,
Chennai – 600 013.
4.The Assistant Engineer,
Tamilnadu Electricity Board,
North Zone-5, Royapuram, Chennai – 600 013.
5.The Inspector of Police,
N-1, Royapuram Police Station,
Royapuram, Chennai – 600 013.
https://www.mhc.tn.gov.in/judis
W.P.No.898 of 2023
C.V.KARTHIKEYAN, J.
KKN
W.P.No.898 of 2023
11.01.2023
https://www.mhc.tn.gov.in/judis
