S.Madhankumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2025
CORAM
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.36109 of 2025 and W.M.P.Nos.40360 & 40361 of 2025 1.S.Madhankumar 2.S.Jayanthi 3.G.Babu 4.D.Ravikumar 5.M.Dinesh 6.R.Sitta 7.M.Sivasankaran 8.Latha 9.P.Ashokan 10.Mery Sabitha 11.Mery 12.Sithra 13.Joy Lalitha 14.Sai Eswari 15.K.Amul Raj 16.Kalyani 17.Ramani 18.Shamim Nisha 19.Babu 20.Sumathi T 21.Vidhya 22.Maragadham 23.Saleth Meri 24.M.Vijaya 25.Aresh 26.S.Janaki 1/7
27.Jaishankar 28.D.Richard 29.D.Arulraj 30.Vijayakumari 31.Arivusudar 32.R.Sathyanathan 33.Mani 34.A.Poongavanam 35.V.Pannerselvam 36.T.Raji
...Petitioners
Vs.
1.The Commissioner, Corporation of Chennai, Rippon Building Chennai - 600 003.
2.The Member-Secretary, The Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Egmore, Chennai - 600 006.
3.The Assistant Engineer (Division VIII) CMWSSB Board 297, Konnur High Road, 4.The Zonal Officer, Zone - VIII Greater Chennai Corporation, Shenoy Nagar, Chennai - 600 023.
5.The Assistant Engineer, TANGEDCO, 2/7
6.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
7.The Inspector of Police, Ayanavaram Police Station ... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1 to 5 respondents not to disconnect the water supply, sewage connection and electricity connection of the petitioners' residences, situated at Anandha Vinayagar Koil 3rd Street, Ayanavaram, Chennai - 600 023. For Petitioners : Mr.K.Bharathi For Respondents : Mrs.K.Aswini Devi Standing Counsel For Chennai Corporation (For R1 & R4) Mr.V.Sudali selvan (For R2) Mr.R.Kishore Kumar Government Advocate (For R6 & R7) 3/7
ORDER
The present writ petition has been filed seeking a Writ of Mandamus, to direct the respondents 1 to 5 not to disconnect the water supply, sewage connection and electricity connection of the petitioners' residences, situated at Anandha Vinayagar Koil 3rd Street, Ayanavaram, Chennai - 600 023.
2. It is stated by Mr.K.Barathi, learned counsel for the petitioner, that a civil proceeding is pending between the parties before the Chief Court of Small Causes at Chennai. It is an ejectment proceeding. I am of the view that when civil proceedings are pending, if any interlocutory relief as sought for in the writ petition is required, the Civil Court certainly has the jurisdiction under Section 94 or under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 to consider and grant the same. Parallel proceedings in the form of a writ petition should not be encouraged. When this aspect was pointed out to Mr.K.Barathi, he seeks permission of this Court to withdraw the writ petition with liberty to move an appropriate application before the jurisdictional Civil Court. 4/7
3. Liberty is granted and the writ petition is dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 25.09.2025 kak To 1.The Commissioner, Corporation of Chennai, Rippon Building Chennai - 600 003.
2.The Member-Secretary, The Chennai Metropolitan Development Authority, Gandhi-Irwin Road, Egmore, Chennai - 600 006.
3.The Assistant Engineer (Division VIII) CMWSSB Board 297, Konnur High Road, 4.The Zonal Officer, Zone - VIII Greater Chennai Corporation, Shenoy Nagar, Chennai - 600 023.
5.The Assistant Engineer, TANGEDCO, 5/7
6.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.
7.The Inspector of Police, Ayanavaram Police Station 6/7
V. LAKSHMINARAYANAN, J kak W.P. No.36109 of 2025 25.09.2025 7/7