Madras High Court
N.Dharmalingam vs The Assistant Engineer on 26 September, 2023
W.P.No.28032 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023
CORAM: JUSTICE N.SESHASAYEE
WP.No.28032 of 2023
& WMP.No.27549 of 2023
N.Dharmalingam ...Petitioner
-Vs-
1.The Assistant Engineer,
Tamilnadu Generation and Distribution
Corporation (Town),
EVN Road,
Erode – 638 001.
2.The Assistant Engineer,
Tamilnadu Generation and Distribution
Corporation, (Veerappanchatiram),
Operation and Maintenance,
Karpagavinayagar Koil, Thiru Nagar Colony,
Erode – 638 001.
3.The Assistant Engineer,
Tamilnadu Generation and Distribution.
Corporation, (Edayankattu Valasu)
EVN Road,
Erode – 638 001.
4.The Assistant Engineer,
Tamilnadu Generation and Distribution,
Corporation, (Surampatti),
EVN Road,
Erode – 638 001.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.28032 of 2023
5.Sampoornam
6.V.Sundari
7.M.Indira
8.B.Vimala
9.A.Akchiya ...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records with
respect to the impugned proceedings of the 1st and 2nd respondents in
proceedings no Na.Ka.No.Vu.Po/E&pe/Nagar/E/Ko
Coress/No.204(1)/2023-2024 and
Na.Ka.No.Vu.Po/E&P/Na/Vi.S/Ko/A.No.296/2023, dated 04.09.2023
respectively and quash the same and consequently restrain the
respondents 1 to 4, not to effect any changes in the Electricity
Connections based on Document No.2922/2023 dated 11.05.2023,
Document No.3173/2023 dated 24.05.2023 and Document
No.3177/2023, dated 25.05.2023 registered on the file of the Sub
Registrar, (Joint – I), Erode District Registrar Office, Rangampalayam.
For Petitioner : Mr.D.Balachandran
For R1 to R4 : Mr.I.Syed Sibghatulla,
Standing Counsel for TANGEDCO
2/6
https://www.mhc.tn.gov.in/judis
W.P.No.28032 of 2023
ORDER
The petitioner is now challenging the proceedings of the respondents 1
and 2 dated 04.09.2023 respectively, through which they have informed
the petitioner about their refusal to transfer electricity service connection
to a certain Vimala, the eighth respondent or to such other persons, since
the property concerned is involved in a litigation and is now pending
adjudication before this Court in A.S.No.643 of 2008. The proceedings
also informs that in the eventuality of petitioner succeeding in the appeal
and on production of proof of the same, the status quo ante will be
restored.
2.Mr.I.Syed Sibghatulla, learned Standing Counsel for TANGEDCO
takes notice for the respondents 1 to 4.
3.This Court is informed that the petitioner had earlier laid a suit for
partition in O.S.No.17 of 2006 on the file of the Fast Track Court, Erode
and has lost the same. Challenging which decree, he has preferred
A.S.No.643 of 2008.
4.The learned counsel for the petitioner informs that final hearing of the
https://www.mhc.tn.gov.in/judis
W.P.No.28032 of 2023
appeal has been concluded and it is now reserved for pronouncing
Judgment and he added that during the pendency of the appeal, the
petitioner had the advantage of an interim order restraining the
respondents therein from alienating the property but, the respondents
therein have been very successful in flouting with the order of injunction.
It is hence, the petitioner has come forward with the present petition.
5.The petitioner admittedly lost the suit and is before the First Appellate
Court and if the respondent therein has violated any interim order passed
by this Court, necessarily the petitioner is entitled to seek such remedies
that are available to him in law. So far as the present petition is
concerned, given the nature of proceedings which the respondents 1 and
2 have passed, this Court does not consider that there is any present
cause of action for the petitioner.
6.This Court only underscores that the second respondent is required to
restore status quo ante in the eventuality of the petitioner succeeding in
A.S.No.643 of 2008.
https://www.mhc.tn.gov.in/judis
W.P.No.28032 of 2023
7.Given the nature of decision taken, this Court deems it appropriate not
to issue notice on the respondents 5 to 9.
8.The Writ Petition is accordingly disposed of. No costs. Consequently,
the connected miscellaneous petition is closed.
26.09.2023
Tsg
To
1.The Assistant Engineer,
Tamilnadu Generation and Distribution
Corporation (Town),
EVN Road,
Erode – 638 001.
2.The Assistant Engineer,
Tamilnadu Generation and Distribution
Corporation, (Veerappanchatiram),
Operation and Maintenance,
Karpagavinayagar Koil, Thiru Nagar Colony,
Erode – 638 001.
3.The Assistant Engineer,
Tamilnadu Generation and Distribution.
Corporation, (Edayankattu Valasu)
EVN Road,Erode – 638 001.
4.The Assistant Engineer,
Tamilnadu Generation and Distribution,
Corporation, (Surampatti),
EVN Road,
Erode – 638 001.
N.SESHASAYEE, J.,
https://www.mhc.tn.gov.in/judis
W.P.No.28032 of 2023
Tsg
WP.No.28032 of 2023
26.09.2023
https://www.mhc.tn.gov.in/judis
