Krishnasamy v. Karuppasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.13048 of 2024 Krishnasamy ... Petitioner / Petitioner / Plaintiff Vs.

1.Karuppasamy 2.Kanagaraj 3.Kottaithai ... Respondents / Respondents 1 to 3 / Defendants 1 to 3 4.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Maharaja Nagar, Tirunelveli.

5.The Executive Engineer, Tamil Nadu Electricity Board (Distribution & Rural Area), NGO Colony, Kalappakulam Village, Sankarankovil Taluk, Tirunelveli District.

6.The Junior Engineer, 1/4

Tamil Nadu Electricity Board, (Distribution & Rural Area) NGO Colony, Kalapakkulam Village, Sankarankovil Taluk, Tirunelveli District ... Proposed Respondents /Proposed Respondents / Proposed Defendants 4 to 6 Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to revise the order of the learned Principal District Munsif, Sankarankovil, Tirunelveli District as made in I.A.No.4 of 2023 in O.S.No.155 of 2016 dated 02.07.2024 forthwith.

For Petitioner : Mr.S.Palanivelayutham

O R D E R

Heard the learned counsel appearing for the revision petitioner.

2. The revision petition has been filed in O.S.No.155 of 2016 on the file of the Principal District Munsif Court, Sankarankovil. It is a suit for declaration and permanent injunction. The petitioner filed I.A.No.4 of 2023 for impleading the officials of the TANGEDCO as D4 to D6. IA was dismissed vide order dated 02.07.2024. Questioning the same, this civil revision petition came to be filed.

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3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the memorandum of grounds of revision petition.

4. I am not swayed for the said submission. Lis is between the petitioner on the one hand and R1 to R3 on the other. Merely because for the suit well, TANGEDCO granted service connection, that by itself is not a ground for impleading TANGEDCO as a party defendant. No relief is actually claimed against TANGEDCO. The officials of TANGEDCO are neither proper nor necessary parties to the suit. The court below has given correct reasons for dismissing I.A.No.4 of 2023. The said order is sustained. Interference is not warranted. The Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

25.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Principal District Munsif, Sankarankovil, Tirunelveli District.

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G.R.SWAMINATHAN, J.

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