S. Rajaselvam v. C.Manimurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and CMP.Nos.8779 & 8780 of 2025 S.Rajaselvam ... Appellant Vs.

1.

C.Manimurugan The Superintending Engineer, Cuddalore.

The Executive Engineer, Operation & Maintenance, Virudhachalam, Cuddalore District.

4.

The Assistant Engineer, Operation & Maintenance, Mudhanai, Virudhachalam, Cuddalore District.

... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 17.02.2025 passed in W.P.No.34688 of 2024. For Appellant : Mr.K.Venkatesan

For Respondents : Mr.Aadeish J.B.

for Mr.V.Venkata Seshaiya Standing Counsel for TANGEDCO [for R2 to R4]

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ order dated 17.02.2025 passed in W.P.No.34688 of 2024 is under challenge in the present writ appeal.

Mr.C.Manimurugan / the first respondent filed a writ proceedings challenging the order passed by the Executive Engineer dated 17.10.2024, rejecting the application to provide Electricity Service Connection in his residence. The writ Court adjudicated the issues and directed the Electricity Board to provide Electricity Service Connection to the residence of the first respondent herein.

The learned Counsel appearing on behalf of the respondents 2 to 4 TANGEDCO would submit that the Electricity Service Connection had already been provided to the first respondent pursuant to the directions issued by the writ Court.

4.

The learned Counsel appearing on behalf of the appellant would

submit that the dispute exist between the appellant and first respondent. A Civil Suit filed by the appellant in OS.No.46 of 2024 is pending on the file of the Sub-Court, Virudhachalam. One of the relief sought for in the suit is not to provide electricity service connection to the premises of the first respondent. Therefore, the present writ appeal is devoid of merits and all the issues relating to civil disputes are to be adjudicated in the pending suit between the parties.

5.

Granting liberty to the appellant to adjudicate the issues before the civil Court, the present Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S,J.] [K.R.S,J.] 15.04.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.

The Superintending Engineer, Cuddalore.

S.M.SUBRAMANIAM,J.

AND

K.RAJASEKAR,J.

veda The Executive Engineer, Operation & Maintenance, Virudhachalam, Cuddalore District.

The Assistant Engineer, Operation & Maintenance, Mudhanai, Virudhachalam, Cuddalore District.

15.04.2025