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2018 DAILYLAW 4814 (MAD)

A.VEDAMANICKAM v. THE EXECUTIVE ENGINEER

WP(MD)/14565/2018 · 2026-07-09

M Dhandapani

Transfer Petitionbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.14565 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.14565 of 2018 and WMP (MD) No.13132 of 2018 A.Vedamanickam (Died) 1.V.John Peter 2.V.Raju 3.M.Santhanasamary 4.Xavier Petitioners 1 to 4 substituted vide order of the Court dated 09.07.2026. ... Petitioner(s) vs. 1. The Executive Engineer, The Tamilnadu Generation and Distribution Corporation Ltd, Karaikudi Electricity Distribution Circle, Sivagangai.. 2. The Assistant Executive, Engineer, O/o. the Assistant Engineer, Distribution, the Tamilnadu Generation and Distribution Corporation Ltd., Devakottai , Sivagangai District.. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14565 of 2018 3. The Assistant Electrical, Engineer, the Tamilnadu Generation and Distribution Corporation Ltd, Rural /north/devakottai, Sivagangai District. 4. S.Ramanathan ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for entire records relating to the impugned proceedings dated 30.04.2018 issued by 3rd respondent in Vu.Mi.Va/Pa/Oo/Vada/TheVa/Ko.Ka./A.No.63/2018 and quash the same as illegal and consequentially direct the 3rd respondent herein to grant electricity connection to the petitioner premises situated at Door Nos. 675/5, and 675/6 situated at Anumanthakudi Village, Anumantahkudi post, Devakottai Taluk Sivagangai District. For Petitioner : Mr.VR.Shanmuganathan for Mr. Al.Kannan For R1 to R3 : Mr.S.Deenadhayalan, Standing Counsel O R D E R Challenging the rejection order dated 30.04.2018 passed by the third respondent, the present writ petition has been filed by the petitioner. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14565 of 2018 2. The learned counsel appearing for the petitioner would submit that the petitioner made an application for electricity service connection. The same was rejected by the impugned order dated 03.04.2018 on the ground that a Second Appeal is pending before this Court. The learned counsel would submit that the mere pendency of the Second Appeal cannot be a ground to refuse electricity service connection. Electricity is an essential service and the pendency of a civil dispute does not disentitle the petitioner from obtaining such service. Therefore, the impugned order is liable to be set aside. Accordingly, he prayed for allowing the writ petition. 3. Per contra, learned Standing Counsel appearing for the respondent Electricity Board would submit that the title dispute between the parties is pending before this Court in the Second Appeal. If electricity service connection is granted to the petitioner, it may prejudice the rights of the contesting parties. Therefore, instead of filing the present writ petition, the petitioner ought to have filed an appropriate Civil Miscellaneous Petition in the pending Second Appeal seeking permission to obtain electricity service connection. Accordingly, he prayed for dismissal of the writ petition. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14565 of 2018 4. Considering the rival submissions, this Court is of the view that the petitioner can work out his remedy in the pending Second Appeal. Hence, liberty is granted to the petitioner to file an appropriate CMP in the pending Second Appeal seeking electricity service connection. If such an application is filed, the same shall be considered on its own merits and in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed. 09.07.2026 NCC : Yes / No 2/2 Index : Yes / No Internet : Yes PKN 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14565 of 2018 To 1. The Executive Engineer, The Tamilnadu Generation and Distribution Corporation Ltd, Karaikudi Electricity Distribution Circle, Sivagangai.. 2. The Assistant Executive, Engineer, O/o. the Assistant Engineer, Distribution, the Tamilnadu Generation and Distribution Corporation Ltd., Devakottai , Sivagangai District.. 3. The Assistant Electrical, Engineer, the Tamilnadu Generation and Distribution Corporation Ltd, Rural /north/devakottai, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.14565 of 2018 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.14565 of 2018 DATED : 09.07.2026 2/2 6/6 https://www.mhc.tn.gov.in/judis