Madras High CourtWP/27951/2018dismissed

B.Venkatesan v. The Chairman Cum Managing Director

2018-10-24Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.10.2018

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.27951 of 2018 B.Venkatesan ..Petitioner -vs1. The Chairman cum Managing Director Tamil Nadu Electricity Board NPKRR Maaligai No.144, Anna Salai Chennai 600 002.

2. The Executive Engineer Tamil Nadu Electricity Board IT Corridor Division Construction 33/11 KV Tharamani SS Complex MGR Main Road, Tharamani Chennai 600 113.

3. The Junior Engineer Tamil Nadu Electricity Board IT Corridor Division Construction 33/11 KV Tharamani SS Complex MGR Main Road, Tharamani Chennai 600 113.

4. The Assistant Engineer Tamil Nadu Electricity Board No.110, K.V.Perungudi, S.S.Complex Perungudi Industrial Estate

5. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Thalamuthu Natarajan House Egmore, Chennai 600 008.

6. The Zonal Officer Zone-14 Greater Corporation of Chennai No.6/64, Puzhuthivakkam Main Road Chennai 600 091.

7. The Ward Officer, Ward No.184 Greater Chennai Corporation

School Road Anna Nedunchalai, CBI Colony

8. Mr.M.Kailasam

9. Mr.D.Dhanasekaran 10.Mr.D.Arulmurugan 11.Mr.M.K.Murugan 12.Mr.M.K.Dhayalan 13.Mr.V.K.Manoj ..Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 7 to consider the petitioner's representation dated 20.7.2018 and to disconnect electricity connection 326001-944 of the respondents 9 to 13 standing in the name of the 8th respondent Mr.Kailasam and demolish the illegal construction of the respondents 9 to 13.

For Petitioner ::

Mr.L.J.Vengaesh For Respondents ::

Mr.S.K.Rameshuwar Standing Counsel for R1 to 4

ORDER

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this writ petition for issuance of a writ of mandamus directing the respondents 1 to 7 to disconnect the supply given to the respondents 9 to 13 and demolish the illegal construction stated to have been put up by the respondents 9 to 13 by encroaching upon his property.

2. The petitioner has already filed civil suits in O.S.Nos.209 to 213 of 2018 on the file of Subordinate Court, Tambaram against the respondents 9 to 13 for recovery of possession.

3. The question as to whether the petitioner is entitled to recovery of possession is essentially an issue to be decided by the civil Court. There is no question of resorting to parallel proceedings by directing the Electricity Department to disconnect the supply given to the respondents 9 to 13. The remedy of the petitioner is only to prosecute the civil suits now pending before the civil Court. We, therefore, do not find any reason to issue a mandamus as prayed for by the petitioner.

4. In the upshot, we dismiss the writ petition. No costs. Ss Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

1. The Chairman cum Managing Director Tamil Nadu Electricity Board NPKRR Maaligai No.144, Anna Salai Chennai 600 002.