Madras High CourtWP/3391/2019dismissed

N.Senthil Kumar v. The Assistant Engineer

2019-02-06Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3391 of 2019 Mr.N.Senthil Kumar ..

Petitioner -vs1. The Assistant Engineer Tamil Nadu Electricity Board (TANGEDCO) Cooks Road, Otteri Chennai 600 012

2. Mr.R.Chakrapani Nadar ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to transfer the Electricity Connection Service Nos.151-002-991, 151-002-761, 151-002-44, 151-002-1038, 151-0021093 in the name of the petitioner. For Petitioner :: Mrs.A.V.Bharathi for Mr.E.Martin Jayakumar For Respondents:: Mr.P.R.Dhilipkumar Standing Counsel for R1

ORDER

This writ petition has been filed for a mere mandamus directing the first respondent to transfer the electricity service connections in question in the name of the petitioner. The prayer is wholly misconceived, untenable and unjustified, with which the petitioner should not have come to this Court, for the following reasons:- (i)When Mr.R.Chakrapani Nadar, the second respondent herein has already succeeded in the civil suit filed in C.S.No.559 of 1989 before this Court, as against which the petitioner has not even filed an appeal, of course, after sometime, has filed a suit in C.S.No.397 of 2014 challenging the judgment and decree granted in favour of the second respondent, the same is pending.

(ii)Till the said civil suit is finally disposed of in his favour, the petitioner ought not to have filed this writ https://hcservices.ecourts.gov.in/hcservices/

petition.

2. For the above reasons, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar ss To

1. The Assistant Engineer Tamil Nadu Electricity Board (TANGEDCO) Cooks Road, Otteri Chennai 600 012 +1cc to Mr.E.Martin Jayakumar, Advocate SR.No.10484 +1cc to Mr.P.D.Dhilip Kumar, Advocate SR.No.10437 W.P.No.3391 of 2019 VBA(CO) GMY(28/02/2019) https://hcservices.ecourts.gov.in/hcservices/