1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)NO.12832 of 2011 & M.P(MD)No.1 of 2011 Kumar B.Raheja ... Petitioner Versus 1.The Executive Engineer, Operations & Maintenance, Tamil Nadu Electricity Board, Presently Tamil Nadu Generation & Distribution Corporation Limited, Thillainagar, Thennur, Trichy-17. 2.The Assistant Executive Engineer, Operations & Maintenance, Tamil Nadu Electricity Board, Presently Tamil Nadu Generation & Distribution Corporation Limited, Thillainagar, Thennur, Trichy-17. 3.Feroz Basha 4.Shamim ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, frobearing the respondents 1 and 2 from granting any electricity service connection to the respondents 3 and 4 or anybody claiming through them in respect of T.S.No.1, Block No.21, Ward B, Thennur Village, Tiruchirappalli. For Petitioner : Mr.H.Lakshmi Shankar For Respondents : Mr.S.M.S.Johny Basha Standing Counsel for TNEB. O R D E R The petitioner has come up with the above writ petition seeking a Writ of Mandamus to forbear the respondents 1 and 2 from granting any electricity service connection to the respondents 3 and 4. 2. Heard Mr.H.Lakshmi Shankar, learned Counsel for the petitioner. Mr.S.M.S.Johny Basha, learned Standing Counsel takes notice for the respondents 1 and 2. 3.There is a dispute both with regard to the title as well as with regard to the identity of the property between the petitioner and the respondents 3 and 4. The fourth respondent has filed a suit in O.S.No.111 of 2005 on the file of Sub-Court, Thiruchirapalli, against four persons including the petitioner herein, seeking a decree of permanent injunction restraining the defendants therein from interfering with her peaceful possession and enjoyment. Unfortunately, the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner/fourth respondent herein managed to secure an interim order of injunction in I.A.No.236 of 2005 and the said injunction has also been made absolute on 04.08.2009 on the understanding between the parties that the trial of the suit itself could be taken up early. But, even after two years of the injunction being made absolute, the trial of the suit could not be taken up. 4.Now taking advantage of the interim order of injunction the fourth respondent has applied for electricity connection. Therefore, the petitioner has come up with the above writ petition. 5.In view of the provisions of Section 43(1) of the Tamil Nadu Electricity Act, 2003 and Regulation 27(4) of the Distribution Code, it may be difficult for this Court to direct the respondents 1 and 2 not to effect the service connection. It may be open to the petitioner to seek an appropriate relief before the Civil Court where the injunction suit is pending. 6.The petitioner has admittedly moved the I.A.No.855 of 2011 for varying the interim order of injunction on the ground that the property in respect of which a claim is being made by the fourth respondent is different from his own property and that the Commissioner has wrongly identified his property as that of the suit property. 7. Therefore, by directing the Second Additional Sub-Court to take up the I.A.No.855 of 2011 and to dispose of it within a period of four weeks, this writ petition is dismissed. It is made clear, that the dismissal of the writ petition or the grant of service connection by the respondents 1 and 2, cannot confer any right upon the respondents 3 and 4 even in the civil suit. They will have to establish their rights independent of the electricity connection. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Executive Engineer, Operations & Maintenance, Tamil Nadu Electricity Board, Presently Tamil Nadu Generation & Distribution Corporation Limited, Thillainagar, Thennur, Trichy-17. 2.The Assistant Executive Engineer, Operations & Maintenance, Tamil Nadu Electricity Board, Presently Tamil Nadu Generation & Distribution Corporation Limited, Thillainagar, Thennur, Trichy-17. + 1 cc to Mr.H.Lakshmi Shankar, Advocate, SR No.39171 W.P.(MD)NO.12832 of 2011 11.11.2011 gsr RJ/17.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/