Petitioner challenged a letter refusing to stay TANGEDCO's service connection despite pending partition suit, arguing vindictive litigation. Court dismissed the petition, holding Petitioner must establish rights in the pending Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.32993 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Writ Petition No.32993 of 2022 and WMP No.32392 of 2022
Mrs. Sulochana
..Petitioner
Vs.
..Respondents
W.P.No.32993 of 2022
Prayer:
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a of Writ of Certiorarified Mandamus, Calling for entire records pertaining to the order in Letter No. 161 A.E / P &D / S.mallur / Div.Pt / 2022- 23 dated 15.11.2022 passed by the 3rd respondent quash the same as illegal, violative and thereby consider the representation of the petitioner dated 20.07.2022 and 02.11.2022 about the service connection in Survey No.445/9, Anathangal Village, Arumpakkam, Ranipet District, formerly Vellore District and for other reliefs.
For Petitioner : Mr.K.Mohanamurali For Respondent : Mr.S.Madhusudanan Standing Counsel, for RR 1 to 3
O R D E R
The petitioner seeks to challenge the letter dated 15.11.2022, of
the Assistant Engineer, Operation and Maintenance of the Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO), stating that since the petitioner has not participated in the enquiry on her objections, the Corporation will go ahead and provide electricity service connection to her
2/5
W.P.No.32993 of 2022
sister.
2. This is a case of vindictive litigation. Admittedly the petitioner has launched a partition suit against the fifth respondent and the same is pending. Though she had impleaded the TANGEDCO and its Officers in the said suit, she has not been able to get an order of injunction from the Civil Court. Hence she cannot prevent the TANGEDCO for providing the service connection. She is a co-owner, who is entitled to her rights which she can establish before the appropriate Civil Court, the suit is also pending.I do not see any merit in the Writ Petition.
3. Hence this Writ Petition is dismissed. There shall be no order
as to costs. Consequently, the connected miscellaneous petition is closed.
08.12.2022
jv Index:Yes/No Internet:Yes/No Speaking order/Non-Speaking order
W.P.No.32993 of 2022
To:-
4/5
W.P.No.32993 of 2022
R.SUBRAMANIAN, J.
jv
Writ Petition No.32993 of 2022 and WMP No.32392 of 2022
08.12.2022
5/5
1 issue framed by the court
Whether a Writ of Certiorari or Mandamus should be issued to quash a letter refusing to delay provision of electricity service connection due to pending civil litigation regarding service rights.
Mrs. Sulochana
Superintending Engineer, TANGEDCO (T.N.E.B)
Executive Engineer / OSM TANGEDCO
Assistant Executive Engineer/ OSM TANGEDCO
The Junior Engineer / OSM TANGEDCO
Thamizharasi
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
