Madras High CourtWA(MD)/1554/2021disposed of

G. Antony Raj, v. The Assistance.Executive Engineer,

2025-02-12Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A(MD)No.1554 of 2021 G.Antony Raj ... Appellant / Petitioner Vs.

1.The Assistance Executive Engineer, TANGEDCO Limited, Thillai Nagar, Kovilpatti - 628 502, Tuticorin District.

2.The Junior Engineer, Distribution / Rural, TANGEDCO Limited, Kovilpatti, Tuticorin District.

3.Bhakiyanathan 4.I.Anthony Rajan ... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P(MD)No.8616 of 2021 dated 27.04.2021 on the file of this Court, by allow the Writ Appeal in toto. 1/4

For Appellant : Mr.M.Ponniah For Respondents : Mr.V.Veerapandian for M/s.VAST LAW Associates for R.3 & R.4

JUDGMENT

(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2.The petitioner questioned the transfer of electricity service connection in favour of the private respondents. The learned single Judge dismissed the writ petition vide order dated 27.04.2021 on the ground that the petitioner had already filed O.S.No.164 of 2020 before the Sub Court, Kovilpatti and that therefore he should workout his remedy only in the pending suit. He cannot be allowed to file parallel writ petition.

3.The appellant is apprehensive that the civil Court may nonsuit him by citing the dismissal of the writ petition. We clarify that the learned single Judge did not go into the merits of the matter. 2/4

4.The petitioner had only been relegated to pursue the remedy in the pending civil suit. We therefore clarify that the civil Court shall decide the issue independently and on its own merits. 5.This Writ Appeal is disposed of with the aforesaid observation. No costs.

[G.R.S., J.] [M.J.R., J.] 12.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Assistance Executive Engineer, TANGEDCO Limited, Thillai Nagar, Kovilpatti - 628 502, Tuticorin District.

2.The Junior Engineer, Distribution / Rural, TANGEDCO Limited, Kovilpatti, Tuticorin District.

3/4

G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN , J.

MGA W.A(MD)No.1554 of 2021 12.02.2025 4/4