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Madras High CourtWP/5349/2025disposed of

Lakshmiammal v. The Assistant Engineer

2025-02-17Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2025

CORAM

THE HON'BLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY W.P. No. 5349 of 2025 and W.M.P. Nos. 5919 & 5920 of 2025 Lakshmiammal .. Petitioner

Versus

1.The Assistant Engineer, TANGEDCO, (Operation & Maintenance), Pappireddipatti, Dharmapuri District.

2.The Assistant Executive Engineer, TANGEDCO, (Operation & Maintenance), Pappireddipatti, Dharmapuri District.

3.The Executive Engineer (O&M), Tamil Nadu Electricity Board, Harur, Dharmapuri District.

4.The Junior Engineer (O&M), A. Pallipatti, Pappireddipatti Taluk, Dharmapuri District.

5.Palaniyammal .. Respondents 1/4

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 4th respondent in (Ka.No:J.E.E/O&M/A.Pallipatti/Va.Aa/Ko.Sp/Aa.No:06/24-25) dated 06.01.2025 and to quash the same and consequently direct the respondents 1 to 4 not to grant the electricity connection to the 5th respondent until the suit in O.S.No.662 of 2023 on the file of the Subordinate Court, Pappireddipatti is disposed of.

For Petitioner : Mr. J. Pradeep For Respondents : Mr. Swami Subramanian, for R1 to R4 Additional Government Pleader

O R D E R

The Writ Petition is filed for a writ of certiorarified mandamus calling for the records relating to the order dated 06.01.2025 and to quash the same and consequently, direct the respondents 1 to 4 not to grant electricity connection to the fifth respondent until the suit in O.S.No.662 of 2023 on the file of the Subordinate Court, Pappireddipatti is disposed of.

2. The petitioner is claiming title over the property and the petitioner's grievance is that, the respondents, Palaniammal and Ramesh cannot get an electricity connection.

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3. In this regard, the petitioner has already filed O.S.No.662 of 2023 now pending before the Sub Court, Pappireddipatti. In the said suit, the Assistant Engineer, Assistant Executive Engineer and the Superintending Engineer Electricity Board are all defendants 3 to 5. Therefore, if pending the writ petition, if the petitioner desires that electricity connection should not be granted to the defendants 1 and 2, it will be very well be open to move an Interlocutory Application before the same civil Court and just for the purpose of an interim prayer pending disposal of the suit, the jurisdiction of this Court under Article 226 cannot be invoked.

4. Therefore, keeping open the liberty of the petitioner to approach the said civil Court by way of interlocutory application, this Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

17.02.2025 Index : Yes/No Neutral Citatition : Yes/No AT 3/4

D. BHARATHA CHAKRAVARTHY, J.

AT To 1.The Assistant Engineer, TANGEDCO, (Operation & Maintenance), Pappireddipatti, Dharmapuri District.

2.The Assistant Executive Engineer, TANGEDCO, (Operation & Maintenance), Pappireddipatti, Dharmapuri District.

3.The Executive Engineer (O&M), Tamil Nadu Electricity Board, Harur, Dharmapuri District.

4.The Junior Engineer (O&M), A. Pallipatti, Pappireddipatti Taluk, Dharmapuri District.

W.P. No. 5349 of 2025 and W.M.P. Nos. 5919 & 5920 of 2025 17.02.2025 4/4