Madras High CourtWP/21022/2021disposed of

V.Gunasekaran v. The District Collector

2021-09-30Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2021

CORAM:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH W.P. No.21022 of 2021 V.Gunasekaran .. Petitioner Vs 1.The District Collector, The Cuddalore District.

2.The Executive Engineer, Distribution Company, Riverside Street, Cuddalore 3.The Assistant Engineer, Distribution Company S.Pudur Village, Cuddalore Taluk 4.Sangu Sudamani ..Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to consider the petitioner representation dated 10.08.2021.

For Petitioner : Mr.K.Prakash For Respondents : Mr.A.Selvendran for R1 Government Advocate Mr.L.Jai Venkatesh for R2 & R3 standing counsel

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 2nd and 3rd respondents to consider the representation made by the petitioner on 10.08.2021, wherein, the petitioner has objected to provide service connection to the

4th respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the first respondent and the learned standing counsel appearing on behalf of the respondents 2 and 3.

3. It is seen from records that the petitioner has already filed a suit in O.S.No.108/2018 and the same is pending on the file of the District Munsif Court, Cuddalore. In the said suit, apart from the 4th respondent, even the Electricity Board has been made as a party. The petitioner has sought for the relief of declaration of title and for other consequential reliefs. One of the relief that has been sought for by the petitioner is not to grant any service connection to the 4th respondent.

4. In the light of the substantial suit pending before the concerned Court, the petitioner cannot be permitted to parallely move a writ petition before this Court. If the petitioner apprehends that the fourth respondent is attempting to get service connection pending the suit, it is always left open to the petitioner to file an interlocutory application in the pending suit and work out his remedy. Except giving this clarity, no further directions can be issued in the writ petition.

5. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar RR To 1.The District Collector, The Cuddalore District.

2.The Executive Engineer, Distribution Company, Riverside Street, Cuddalore

3.The Assistant Engineer, Distribution Company S.Pudur Village, Cuddalore Taluk +1cc to Mr.L.Jei Venkatesh, Advocate, S.R.No.51012 +1cc to the Government Pleader, S.R.No.51301 W.P.No.21022 of 2021 PA(CO) CB(18/10/2021)