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Madras High CourtWP/17126/2026allowed

D.Senthilkumar v. The Superintending Engineer / Cedc/ Metro

2026-05-20Honourable Mr Justice G. R. Swaminathan5 pages

2026:MHC:1767

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR. JUSTICE G. R. SWAMINATHAN and WMP Nos. 18413 & 18415 of 2026 D.Senthilkumar ..Petitioner(s) Vs

1. The Superintending Engineer/CEDC/METRO TANGEDCO Main, Tatabad, Coimbatore-641 012.

2. The Assistant Engineer/Jr Engineer, TANGEDCO Power House, Kalapatti, NGP College Backside, Nehru Nagar West, Coimbatore-641 035.

..Respondent(s) Writ Petition has been filed under Article 226 of the Constitution of India to issue writ of Certiorarified Mandamus, calling for the entire records relating to the impugned online communication Application status order Reference No.20030550426467 dated 16.04.2026 and quash the same and consequently directing the respondents to provide one temporary electricity service connection in the premises in SF No.159/1BT7, Site (Plot)ssss No.5, Gokulam Residency, Kalapatty (West), Coimbatore (North) forthwith to the petitioner. For Petitioner(s):

Mr.L.P.Shanmugasundaram For Respondent(s):

Mr.L.Jai Venkatesh

ORDER

Heard both sides.

2. The writ petitioner had purchased the petition mentioned property. The petitioner after such purchase approached the respondents, seeking a temporary service connection for construction purpose. The respondents declined the petitioner's request vide the impugned rejection order dated 16.04.2026, citing the pendency of an unnumbered suit in O.S.CFR No.2917 of 2025 and I.A.No.2 of 2025 on the file of the Subordinate Judge, Coimbatore. Challenging the same, this writ petition has been filed.

3. The learned counsel for the petitioner states that the suit was filed by one Mr.K.C.Ramaswami and his wife, Mrs.Rajeshwari Ramaswami, who are the original owners of the property. The property appears to have been mortgaged with the Bank of Baroda and upon default, the property was brought to sale under SARFAESI proceedings. The auction purchaser had promoted the said layout and it is from the promoter, the petitioner herein purchased the property through sale certificate issued on 18.11.2016. The mortgagors had impleaded the Bank and as well as the promoter. The suit is yet to be numbered.

4. Admittedly, the plaintiffs in the unnumbered suit have not secured any interim or restraint orders in their favour from the competent Civil Court. It is settled law that mere pendency of the civil suit would not be a ground for rejecting the petitioner's application.

5. Therefore, the impugned Online Communication Application status order Reference No.20030550426467 dated 16.04.2026, is hereby quashed. The respondents are directed to grant the temporary electricity service connection to the petitioner. The petitioner, of course, will have to comply with all the other statutory conditions stipulated by the respondents, including the execution of a necessary indemnity bond.

6. In the result, this Writ Petition stands allowed on the above terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. 20-05-2026 Index: Yes/No Speaking/Non-speaking order ab/Jeni

To 1.The Superintending Engineer/CEDC/METRO TANGEDCO Main, Tatabad, Coimbatore-641 012.

2.The Assistant Engineer/Jr Engineer, TANGEDCO Power House, Kalapatti, NGP College Backside, Nehru Nagar West, Coimbatore-641 035.

G.R.SWAMINATHAN, J.

ab/Jeni 20-05-2026