Madras High Court
V.Neelamegam vs The Chairman on 5 January, 2018
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
W.P.No.173 of 2018
V.Neelamegam ...Petitioner
vs.
1. The Chairman,
Tamil Nadu Electricity Generation and
Distribution Corporation,
No.144, NPKKR Maaligai,
Annasalai,
Chennai 600 002.
2. The Executive Engineer (O and M),
Tamil Nadu Electricity Generation and
Distribution Corporation,
Ulundurpet,
Villupuram District.
3. The Assistant Engineer (O and M)
Tamil Nadu Electricity Generation
and Distribution Corporation,
Anadhur, Ulundurpet Taluk,
Villupuram District.
4. Indirani ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to directing the respondents 1 to 3 herein to transfer the electricity service connection No.1302 from the survey No.189/4A to survey No.190/10 situated Aanathur Village, Ulundurper Taluk, Villu8uram District, based on the application dated 14.06.2017 forthwith.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.M.Varunkumar,
Standing Counsel for R1 to R3
O R D E R
The petitioner seeks for a Mandamus directing the respondents 1 to 3 to transfer the electricity service connection No.1302 from Survey No.189/4A to Survey No.190/10 situated at Aanathur Village, Ulundurpet Taluk, Villupuram District, based on his application dated 14.06.2017.
2. Mr.M.Varunkumar, learned Standing Counsel takes notice for the respondents 1 to 3. Since this writ petition is being disposed of without affecting the interest of the 4th respondent, notice to the said respondent is dispensed with.
3. It is claimed by the petitioner that he purchased the subject matter property from his vendor for a valid sale consideration who is none other than the relative of the 4th respondent (brother of the husband of the 4th respondent). It is further stated that when the petitioner wanted the service connection to be transferred from Survey No.189/4A to Survey No.190/10 situated at Aanathur Village, Ulundurpet Taluk, Villupuram District, the 4th respondent filed a partition suit against the petitioner's vendor in O.S.No.379/2015 on the file of Principal Sub Court, Villupuram, impleading the petitioner also as a party defendant therein. Apart from filing the said suit, it is also stated that the 4th respondent filed another suit in O.S.No.244/2017 on the file of Principal District Munsif Court, Ulundurpet, seeking for injunction restraining the Electricity Department from transferring the service connection in favour of the petitioner. It is also stated that pending the said suit in O.S.No.244/2017, the 4th respondent also filed I.A.No.910/2017 for temporary injunction restraining the Electricity Department from transferring the service connection in favour of the petitioner. Therefore, it is contended that the petitioner is not in a position to get the service connection transferred and therefore, has chosen to file the present writ petition before this Court seeking for the relief of mandamus as stated supra.
4. Mr.C.Prabakaran, learned counsel for the petitioner submitted that the 4th respondent has deliberately filed the above said suits in order to prevent the petitioner from enjoying the property which he purchased by way of valid sale deed as stated supra. Therefore, he submitted that this writ petition can be entertained by this Court by issuing a direction to the official respondent by considering the representation of the petitioner for transferring the electricity service connection as stated supra. I do not think that the learned counsel for the petitioner is justified in making such contention when admittedly, the Civil Court has seized of the matter, more particularly, when the suit for injunction restraining the official respondent from transferring the service connection in favour of the petitioner is pending .
5. It is not in dispute that the said suit as well as the interim application filed by the 4th respondent is still pending before the said Civil Court. When that being the factual position, the petitioner has to agitate the matter only before the Civil Court by raising all the contentions. Without doing so, the petitioner is not justified in filing the present writ petition seeking for a mandamus as stated supra. Therefore, without expressing any view on the merits of the contentions raised by the petitioner, this Writ Petition is disposed of by granting liberty to the petitioner to agitate the matter before the Civil Court where the suits are pending. Since the second suit in O.S.No.244/2017 is said to have been filed against the official respondents as well as the petitioner, against the transfer of the electricity service connection, the Principal District Munsif Court, Ulundurpet, is directed to take up the Interim Application No.910/2017 in O.S.No.244/2017 and pass orders on the same on merits and in accordance with law after hearing all the parties concerned preferably within a period of six weeks from the date of receipt of a copy of this order, if the said application is not disposed of so far. No costs.
05.01.2018 Speaking/Non-speaking order Index : Yes / No vsi Note:
i) Issue order copy on 09.01.2018
ii) Registry to mark a copy of this order to Principal District Munsif Court, Ulundurpet.
To
1. The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation, No.144, NPKKR Maaligai, Annasalai, Chennai 600 002.
2. The Executive Engineer (O and M), Tamil Nadu Electricity Generation and Distribution Corporation, Ulundurpet, Villupuram District.
3. The Assistant Engineer (O and M) Tamil Nadu Electricity Generation and Distribution Corporation, Anadhur, Ulundurpet Taluk, Villupuram District.
K.RAVICHANDRABAABU,J.
vsi W.P.No.173 of 2018 05.01.2018