J.Ajayan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11703 of 2024 J.Ajayan ... Petitioner Vs.
1.
The Chairman, Tamilnadu Electricity Board, No.825, Link Road, Anna Salai, Chennai - 600 002.
The Executive Engineer, Tamilnadu Electricity Board, Kuzhithurai, Thacklay, Kanyakumari District.
3.
R.Saraswathi 4.
R.S.Asha 5.
Viju ... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the 2nd respondent to consider the representation dated 07.03.2024 within a time frame that may be fixed by this Court.
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For Petitioner : Ms.L.Umma Kulsum For R1 and R2 : Mr.S.Madhusudanan Standing Counsel for TANGEDCO
O R D E R
The writ petition has been filed to direct the 2nd respondent to consider the representation dated 07.03.2024.
Admittedly, a civil suit has been instituted between the parties in O.S.No.28 of 2023, on the file of Sub-Court at Kuzhithurai. 3.
When the civil suit has been instituted and pending, a writ proceedings seeking a negative prayer against any one of the parties to the civil ligation is not entertainable. If any grievance exists to either of the party can be redressed by approaching the competent civil court of law in the pending suit or by instituting a suit. Contrarily, writ court cannot grant the relief not to provide electricity service connection to the Official respondents during the pendency of civil suit. All disputes of civil nature are to be adjudcated in the manner known to law. Electricity Connection being an Page No.2 of 4
essential service, it is to be provided, if the applications submitted by any person is in accordance with law. Therefore, the relief as such sought for in the present case is not entertainable.
4.
Accordingly, the Writ Petition stands dismissed at the admission stage itself. No costs.
29.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Chairman, Tamilnadu Electricity Board, No.825, Link Road, Anna Salai, Chennai - 600 002.
The Executive Engineer, Tamilnadu Electricity Board, Kuzhithurai, Thacklay, Kanyakumari District.
S.M.SUBRAMANIAM,J.
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veda W.P. No.11703 of 2024 29.04.2024 Page No.4 of 4