Joint disposal of two writ petitions filed under Article 226 regarding private disputes over an electricity connection and a water post. The court held that such disputes require rights to be first settled in a civil court.
Petitions disposed with liberty to approach civil court to establish rights before approaching TANGEDCO.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) Nos.12153 and 21303 of 2017
P.Periyalagi
... Petitioner in W.P.(MD) No.12153 of 2017
Periya Kathi
... Petitioner in W.P.(MD) No.21303 of 2017
/vs./
K.Pudhur,
Madurai District.
Madurai District.
1/5
4.Periya Karthi
... Respondents in W.P.(MD) No.12153 of 2017
... Respondents in W.P.(MD) No.21303 of 2017
PRAYER in W.P.(MD) No.12153 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to disconnect the electricity connection in S.C.NNo.166007156 of Malaipatti Distribution Section, Alanganallur Electricity Office, Madurai District granted to the 4th respondent by considering petitioner representation dated 04.04.2017.
2/5
PRAYER in W.P.(MD) No.21303 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to shift the post immediately to petitioner land in Survey No.470/5B in order to draw water for the 100 coconut trees based on the representation dated 11.10.2017.
W.P.(MD) No.12153 of 2017:-
For Petitioner : Mr.S.Muniyandi
For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel
For R4 : M/s.V.Jeyarani
W.P.(MD) No.21303 of 2017:-
For Petitioner : M/s.V.Jeyarani
For R1 to R4 : Mr.S.Deenadhayalan Standing Counsel
For R4 : Mr.S.Muniyandi
COMMON ORDER
The prayers in these writ petitions seem to have arisen between the private
parties in these writ petitions with regard to the use of the electricity service connection granted to the common Well to be enjoyed by them.
3/5
Index : Yes / No Internet : Yes / No mm
12.12.2024
4/5
K.KUMARESH BABU, J.
mm
W.P.(MD) Nos.12153 and 21303 of 2017
12.12.2024
5/5
1 issue framed by the court
Whether a Writ Petition can be entertained for directing the disconnection of an electricity connection or the shifting of a water post between private parties.
P.Periyalagi
Periya Kathi
The Chief Engineer, TANGEDCO
Periya Karthi
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
