A writ petitioner challenged the issuance of an electricity connection to a third-party borewell on his land. The Court held that the issue is purely civil in nature and is already pending in a civil suit, making the writ petition unsustainable.
The Writ petition was disposed of as the issue is purely civil in nature and is pending in a civil suit.
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.9629 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.9629 of 2020
S.C.Annamalai
...Petitioner
Vs.
3. N.Vanaja
(R3 to R6 substituted as LRs of Deceased R2, vide order dated 03.09.2020 made in WMP.No.13681 of 2020 in W.P.No.9629 of 2020)
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to disconnect the Electricity supply service connection No.1361 to the bore well of the 2nd respondent situated in the land comprised in Survey No.368/1F1 situated in Savudur Village, Pallippattu Taluk, Thiruvallur District.
For Petitioner : Mr.D.Nellaiappan
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For Respondents : Mr.L.Jaivenkatesh, for R1 : Mr.L.Damodaran, for R3 to R6
W.P.No.9629 of 2020
O R D E R
This Writ petition has been filed seeking direction to the 1st
respondent to disconnect the Electricity supply service connection No.1361 to the bore well of the 2nd respondent situated in S.No.368/1F1, Savudur Village, Pallippattu Taluk, Thiruvallur District.
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the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's objection dated 31.12.2017 and to consequently, disconnect the Electricity service connection bearing No.1361 of the bore well of the 2nd respondent situated in S.No.368/1F1 situated at Thiruvallur District.
available on record.
the issue involved in the present Writ petition is purely a civil dispute in
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between the petitioner and the private respondents, for which, the petitioner had already filed a suit in O.S.No.32 of 2016 on the file of the District Munsif cum Judicial Magistrate, Pallipattu, seeking the very same relief as sought for in this Writ petition and the same is pending. While such being the case, filing the present Writ petition is not sustainable, as the issue is purely civil in nature and the same cannot be adjudicated under Article 226 of the Constitution of India. However, the petitioner is at liberty to canvass all his grievances before the lower Court, where the suit is pending and the Lower Court shall consider the same and pass appropriate orders, without being influenced by any of the observations made in the present Writ petition.
05.06.2023
skt
NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No
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W.P.No.9629 of 2020
To
The Junior Engineer, (M & M) TANGEDCO (TNEB), KEDC, Podaturpettai Town & Post, Pallipattu Taluk, Tiruvallur District.
M.DHANDAPANI, J.
skt
W.P.No.9629 of 2020
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W.P.No.9629 of 2020
05.06.2023
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2 issues framed by the court
Whether this Court can exercise jurisdiction under Article 226 to adjudicate a civil dispute regarding ownership of land which is pending as a civil suit.
Whether the electricity department can issue a connection to a person over whom a civil dispute regarding land ownership is pending.
1 provisions across 1 enactments
S.C. Annamalai
The Junior Engineer, (M & M) TANGEDCO (TNEB), KEDC, Podaturpettai Town & Post, Pallipattu Taluk, Tiruvallur District
P.Narasimman
N.Vanaja
N.Sathish Kumar
N.Saravanan
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
