M/S.Viveka Landscape Architects v. The Assistant Executive Engineer, Tangedco
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.No.7236 of 2025 M/s.Viveka Landscape Architects, Rep by its Authorized Person, P.Muthukrishnan, Having Office at No.5/1033, Burma Colony, 1st Main Road, 1st Floor, Perungudi, Chennai - 96 ..Petitioner(s) Vs
1. The Assistant Executive Engineer(TANGEDCO), O &M, Oragadam, Chennai -53.
2. The Assistant Engineer TANGEDCO, Kalikuppam, Chennai -53.
3. T.S.Balaji ..Respondent(s) Prayer: This petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, forbearing the 1st and 2nd respondents from interfering to consume the power supply from the service 1/6
No.094410067513(110KW) to the 3rd respondent premises Incredible Urban Food street situated at Plot No.22 23 24 25 26 27 and 28 Sri Senthil Murugan Nagar Kallikuppam Ambattur Chennai-600 053. For Petitioner(s) :
Mr. P.Vijendran For Respondent(s):
Mr.L.Jaivenkatesh for R1 and R2 Mr.S.Senthilnathan for R3
ORDER
This writ petition is filed for the following relief: "To forbear the respondents 1 and 2 from interfering to consume the power supply from service No.094410067513(110KW) to the 3rd respondent's premises Incredible Urban Food street situated at Plot Nos.22, 23, 24, 25 26, 27 and 28 Sri Senthil Murugan Nagar Kallikuppam Ambattur Chennai-600 053.
2. The petitioner would submit that he is the absolute owner and developer of the petition mentioned property. After completing M.Sc. in Environmental Architecture, MBA, and LL.B., and being unable to secure suitable employment, the petitioner decided to become an entrepreneur. 2/6
Accordingly, the petitioner had entered into a Joint Development Agreement dated 27.06.2022 with the 3rd respondent and his brother, Mr. P.S. Srinivasan, for a period of 10 years commencing from 01.07.2022. As per the agreement, the rental receipts generated from the schedule property were agreed to be shared in the ratio of 60% to the petitioner and 40% to the 3rd respondent and his brother. A refundable security deposit of Rs.2,50,000/- each was paid by the 3rd respondent and his brother. The agreement did not contemplate any future modification or alteration. The petitioner invested a sum of about Rs.4.86 crores and developed the vacant land into commercial premises known as "Incredible Urban Food Street" situated at Kallikuppam, Ambattur, Chennai, comprising a total of 56 shops. Out of the said shops, 20 shops were allotted to the 3rd respondent and 36 shops to his brother.
3. The petitioner would further submit that originally, the electricity service connection was under domestic usage. After entering into the joint development agreement, the same was converted into commercial usage, and a separate electricity connection with a sanctioned load of 110 KW was obtained in the year 2023 for the entire premises. Subsequently, disputes arose between the parties. The petitioner filed O.S. No.08 of 2025 before the District Court, 3/6
Ambattur, against the 3rd respondent for permanent injunction and other reliefs, and an interim injunction was granted on 09.01.2025 restraining the 3rd respondent from interfering with amenities including electricity and water supply. Despite the same, the 3rd respondent attempted to interfere with the electricity connection and business operations, leading to further proceedings and representations made by the petitioner.
4. The learned counsel for the petitioner would submit that the respondents 1 and 2 herein were not made parties in the suit.
5. The learned counsel for respondents would submit that having obtained an order of injunction before the civil Court, the petitioner has approached this Court seeking the very same relief. Hence, the writ petition is liable to be dismissed.
6. From the perusal of the records, it is seen that the petitioner has filed a suit in O.S.No.8 of 2025 on the file of the District Munsif Court, Ambattur against the 3rd respondent herein for permanent injunction restraining the defendants, their men and agents from disturbing the petitioner's peaceful 4/6
possession and enjoyment of the property and further restraining the defendants from disturbing the petitioner's access to amenities like electricity, water supply etc. in respect of the very same property. Having obtained an order of injunction before the Civil Court, the petitioner cannot once again seek the very same relief in the present Writ Petition. It is well open to the petitioner to implead respondents 1 and 2 in the suit. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 04.02.2026 srn To
1. The Assistant Executive Engineer (TANGEDCO), O &M, Oragadam, Chennai -53.
2. The Assistant Engineer TANGEDCO, Kalikuppam, Chennai -53.
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P.T.ASHA, J.
srn and W.M.P.No.7236 of 2025 04.02.2026 6/6