Writ petition challenging an electricity connection granted to a sibling. Court noted a pending civil suit regarding title/rights. Dismissed petition, stating its disposal is subordinated to the outcome of the pending civil suit.
Writ petition disposed of with no order as to costs; connected miscellaneous petition closed.
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(MD)No.3374 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.3374 of 2022 and
W.M.P(MD)No.2950 of 2022
1.Mahalingam
2.Senthil Kumar
... Petitioners
Vs.
1/5
W.P(MD)No.3374 of 2022
4.The Assistant Engineer, Office of the Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Thiruppathur Town, Sivagangai District.
5.N.Gandhimani ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the fourth respondent to disconnect the electricity connection in connection No. 476-004-689 in the name of fifth respondent of the property situated in 477/21, 72/2, Keela Street, Manamelpatti, Manamelpatti Panchayat, Thiruppathur, Sivagangai District.
For Petitioners : Mr.S.A.Ajmalkhan
For Respondents : Mr.M.Prakash
Advocate Government Pleader
Mr.S.Deenadhayalan Standing Counsel for R.4
Mr.G.Prabhu Rajadurai for R.5
ORDER
Heard both sides.
2/5
W.P(MD)No.3374 of 2022
2.The first petitioner and the fifth respondent are siblings. The fifth respondent obtained electricity connection in his name. The petitioners want the same to be disconnected.
3.It is seen that the first petitioner has already filed O.S.No.16 of 2020 on the file of the District Munsif Court, Thiruppathur. The suit is still pending. The petitioner has not obtained any restraint order in his favour the said suit. The fifth respondent had earlier filed W.P(MD)No. 18641 of 2021 seeking electricity connection. The petitioners were figuring as the respondents 4 and 5 and it was disposed of on 29.11.2021. In fact, electricity service came to be granted only pursuant to the said order.
4.The petitioners need not have any cause for worry. Merely because the fifth respondent has obtained electricity connection, that will not in any way strengthen his hands. The rights of the fifth respondent as well as the service connection will have to necessarily abide by the outcome of the suit filed by the petitioners herein.
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W.P(MD)No.3374 of 2022
5.With this observation, this writ petition is disposed of. There
29.11.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA
To
4/5
W.P(MD)No.3374 of 2022
G.R.SWAMINATHAN, J.
MGA
Copy to:
The District Munsif Court, Thiruppathur.
W.P(MD)No.3374 of 2022 and W.M.P(MD)No.2950 of 2022
29.11.2023
5/5
1 issue framed by the court
Whether the writ petition for mandamus to disconnect the electricity connection of the fifth respondent should be entertained while a civil suit regarding the same property is pending?
1 provisions across 1 enactments
Mahalingam
Senthil Kumar
Tamil Nadu Generation and Distribution Corporation Limited
N.Gandhimani
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
