Madras High Court
S.Saravanakumar vs The Superintending Engineer on 30 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.21633 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.21633 of 2024
and WMP(MD) No.18276 of 2024
S.Saravanakumar
... Petitioner
Vs
1. The Superintending Engineer,
Madurai Electricity Distribution Circle,
The Tamil Nadu Generation and
Distribution Corporation Limited,
Madurai.
2. The Assistant Director,
Electricity Connection,
The Tamil Nadu Generation and
Distribution Corporation Limited,
Madurai District.
3. Mariammal @ Maheswari
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned rejection order passed by the 2nd respondent
dated 11.07.2024 and set-aside the same as illegal and further direct the 2 nd
respondent to provide electricity connection to the petitioner's Thatched House by
considering the petitioner's application.
1/5
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W.P.(MD)No.21633 of 2024
For Petitioner : Mr.K.Sivabalan
For Respondents : Mr.S.Deenadhayalan (R1,R2)
Standing Counsel
Mr.G.Thiruvarut Selvam (R3)
ORDER
This Writ Petition has been filed challenging the impugned rejection
order passed by the 2nd respondent dated 11.07.2024 and to direct the 2nd
respondent to provide electricity connection to the petitioner's Thatched House.
2.Heard Mr.K.Sivabalan, learned counsel appearing for the petitioner,
Mr.S.Deenadhayalan, learned Standing Counsel appearing for R1, R2 and
Mr.G.Thiruvarut Selvam, learned counsel appearing for R3. Perused the materials
available on record.
3.It is the case of the petitioner that the petitioner is in possession of
the Survey No.23/4. He has purchased the property from one Jeyaraman. Hence,
he has applied for electricity connection and the same has been rejected.
4.The learned counsel for the third respondent submitted that the
subject property in S.No.23/4 is the subject matter in O.S.No.345 of 2004 on the
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file of District Munsif Court, Melur, which has been filed for the relief of
declaration and permanent injunction as against four defendants. During the
pendency of the writ petition, the subject property has been sold to one Jeyaraman
by the first defendant/Selvi. The petitioner has purchased the said property from
the said Jeyaraman, whereas, the Civil Court has granted declaration in favour of
the third respondent and granted decree for permanent injunction and held that the
subsequent sale is not valid, in view of doctrine of lis pendens. Hence, the
petitioner, who purchased the said property from the person, who has no title,
cannot seek any title, since the civil Court decree is in favour of the third
respondent.
5.This Court perused the decree and Judgment in O.S.No.345 of 2004.
It clearly shows that the third respondent is in possession of the property and
permanent injunction has also been granted in his favour. The writ petitioner's
vendor is a lis pendens purchaser. Hence, such sale did not convey any title to the
petitioner. Though it is submitted by the learned counsel for the petitioner that
against the said decree in O.S.No.345 of 2004, an appeal has been filed before the
Sub Court (Camp), Melur, Madurai District in A.S.No.21 of 2018 is pending, no
interim orders have been passed.
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6.In such view of the matter, let the petitioner take steps to dispose of
the appeal expeditiously. Even if he succeed in the appeal, he can revive his
application seeking electricity connection. At this stage, this Court is not inclined
to interfere with the rejection order passed by the 2nd respondents.
7.Accordingly, this writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
30.09.2024
NCC : Yes/No
Index : Yes/No
PNM
To
1. The Superintending Engineer,
Madurai Electricity Distribution Circle,
The Tamil Nadu Generation and
Distribution Corporation Limited,
Madurai.
2. The Assistant Director,
Electricity Connection,
The Tamil Nadu Generation and
Distribution Corporation Limited,
Madurai District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
PNM
ORDER IN
30.09.2024
https://www.mhc.tn.gov.in/judis
