Petitioner sought cancellation of an electricity service connection granted to the respondent based on allegedly forged documents, while a title suit was pending. The Board stated it had no authority to decide title disputes; the court dismissed the petition, directing the petitioner to pursue remedies in the pending 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 . (MD) No.21092 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.21092 2024
Mohammed Haroon
...Petitioner
-vs-
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the first respondent to consider the representation dated 27.07.2024 and to cancel the electricity connection granted to the second respondent based on the forged documents.
For Petitioner : Mr.E.Mohammed Abbas For R1 : Mr.S.Deenadhayalan Standing Counsel
ORDER
The petitioner has filed this writ petition seeking a direction to the
first respondent to consider the representation dated 27.07.2024 and to
1/5
W.P . (MD) No.21092 of 2024
cancel the electricity connection granted to the second respondent based on the forged documents.
2.Mr.S.Deenadhayalan, learned Standing Counsel takes notice for
the first respondent. Considering the nature of order proposed to be passed in this writ petition, notice to the second and third respondents is dispensed with.
3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4.The grievance expressed by the petitioner is that the the property originally belonged to him. However, the second respondent created some forged documents and claimed right over the subject property. In this regard a suit in O.S.No.29 of 2022 has also been filed and the same is pending. In the meanwhile, the second respondent filed a writ petition in W.P.No.20029 of 2022 seeking electricity service connection based on
the forged documents and obtained an order in his favour. Based on the same, the second respondent obtained electricity service connection in
2/5
W.P . (MD) No.21092 of 2024
his name. Hence, the petitioner has made a representation before the first respondent to cancel the electricity service connection granted to the second respondent. Since the same was not considered, the petitioner has filed this writ petition.
5.The learned Standing Counsel for the first respondent, on instructions, submitted that there is a title dispute between the petitioner and the second respondent in respect of the subject property and the same is pending in O.S.No.29 of 2022 on the file of the District Munsif Court, Thirupathur. When the title dispute between the parties is pending before the competent civil Court, the first respondent has no power to consider the representation of the petitioner as the first respondent has no authority to go into the title dispute.
6.Admittedly, a suit is O.S.No.29 of 2022 with regard to the title of the property between the parties is pending before the competent civil Court. Without deciding the title, merely based on the representation submitted by the petitioner, the electricity service connection already granted to the petitioner cannot be disconnected. It is for the petitioner
3/5
W.P . (MD) No.21092 of 2024
to work out his remedy before the civil Court in the pending suit. Accordingly, this writ petition is dismissed. No costs.
04.09.2024
Index : Yes / No Internet : Yes / No ta
To
The District Superintendent Engineer, Tamil Nadu Electricity Board, Thiruppathur Town, Sivagangai District.
4/5
W.P . (MD) No.21092 of 2024
N.SATHISH KUMAR, J.
ta
W.P.(MD) No.21092 of 2024
04.09.2024
5/5
1 issue framed by the court
Whether the Electricity Board should cancel an electricity connection granted based on allegedly forged documents while a title suit is pending.
1 provisions across 1 enactments
Mohammed Haroon
The District Superintendent Engineer, Tamil Nadu Electricity Board, Thiruppathur Town, Sivagangai District
Hyther Ali Ambalam
Akbar Ali Ambalam
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
