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2026 DAILYLAW 53938 (MAD)

R.Ramasamy v. S.Mani

WA/2154/2026 · 2026-07-21

G Arul Murugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WA No.2154 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G. ARUL MURUGAN WA No.2154 of 2026 and CMP No.18730 of 2026 R.Ramasamy .. Appellant -vs- 1. S.Mani 2. The Superintending Engineer, Coimbatore Electricity Distribution Circle/North, TANGEDCO, Tatabad, Coimbatore 641012. 3. The Executive Engineer (Operation and Maintenance) Coimbatore, Coimbatore Electricity Distribution Circle/North, TANGEDCO, Mettupalayam, Coimbatore 641301. 4. The Assistant Engineer/Eastm TANGEDCO, Kundha Colony, Karamadai, Coimbatore 641104. 5. The Deputy Superintendent of Police, Mettupalayam, Coimbatore District. https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 6. The Inspector of Police, Karamadai Police Station, Coimbatore District. .. Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the Judgment dated 09.07.2026 passed in WP No.25904 of 2026 on the file of this Court. For Appellant : Mr.K.V.Muthu Visakan For Respondent : Mr.S.Shrish for Mr.N.Manokaran for R-1 : Mr.M.Dinesh Govt. Advocate (Crl. Side) for RR 5 and 6 * * * * * JUDGMENT (Judgment of the Court was delivered by G.Arul Murugan, J.) This intra-court appeal is directed against the order of the Writ Court dated 09.07.2026, whereby the Writ Court had directed the Electricity Board to provide electricity service connection in favour of the 1st respondent herein. 2. The learned counsel appearing for the appellant vehemently contended that he has already preferred a writ petition in https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 W.P.No.23796 of 2026 wherein, by an order dated 22.06.2026, the parties were directed to maintain status quo in which the first respondent/the writ petitioner was a party, however the first respondent herein has filed the present writ petition suppressing the interim order and obtained the impugned order in the writ petition. The learned counsel further submits that when the appellant was the 6th respondent in the writ petition, no notice was ordered and without affording an opportunity, the present order came to be passed, which would affect his rights in the property and therefore, seeks for interference of this Court. 3. Learned counsel appearing for the first respondent submitted that in fact only pursuant to the directions issued by the learned Single Judge in the writ petition filed by the appellant, the Electricity Board took a decision on 24.06.2026 which was admittedly not put to challenge and through the impugned order, the learned Single Judge has only directed the authorities to take consequential action pursuant to the decision dated 24.06.2026 and therefore, the order passed by the Writ Court is perfectly justified. Page 3 of 8 https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 4. Heard the rival submissions and perused the material available on record. 5. From the records, it is evident that there is a dispute between the appellant and the 1st respondent herein and other private parties in respect of a property covered under Patta No.3299. If at all there is any dispute affecting the civil rights of the parties, it would be open for the parties only to approach the competent civil Court to resolve all their civil rights. 6. On the contrary, it is evident from the records that the parties have indulged in filing repeated writ petitions, one after the other and obtained orders. When the appellant herein filed WP No.4835 of 2026, seeking to cancel the Sub-Division Patta No.3299, the said writ petition was disposed of by order dated 10.02.2026 wherein the authorities were directed to consider the objections and take appropriate decision. The first respondent herein preferred a writ petition in WP No.7480 of 2026 seeking to direct the authorities to conduct a survey, which also came to be disposed of on 26.02.2026 https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 directing the authorities to consider the representation submitted by the parties. 7. The appellant herein preferred yet another writ petition in WP No.11688 of 2026 seeking to forbear the Electricity Board from granting electricity service connection in favour of the first respondent for the subject property. The Writ Court, by order dated 25.03.2026, directed the Electricity Board to conduct an enquiry between the appellant and the 1st respondent and to pass appropriate orders in six weeks. Admittedly, pursuant to the directions issued by the Writ Court, the authorities have conducted enquiry and by order dated 24.06.2026, the application of the first respondent was allowed, whereby the first respondent was entitled to have service connection. Since the order dated 24.06.2026 was not given effect to, the first respondent rushed to this Court in WP No.25904 of 2026, wherein the impugned order dated 09.07.2026 came to be passed directing the Electricity Board to provide electricity service connection to the subject property within two weeks and with the assistance of police protection, if required. https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 8. It is the only grievance of the appellant that in the writ petition filed by him in WP No.23796 of 2026, though by order dated 22.06.2026, an interim order to maintain status quo was passed, now the direction issued to effect electricity service connection would run contra to the interim order passed. We are not in agreement with the submission made by the learned counsel, as, from the facts, it is revealed that for the electricity service connection, the appellant has preferred a separate writ petition, which came to be disposed of with a direction to the authorities to take a decision for conducting enquiry. Such an enquiry was conducted and a decision was also taken on 24.06.2026 allowing the application of the first respondent. Admittedly, the appellant has not challenged this order dated 24.06.2026 till date and by the impugned order in the writ petition, only this order allowing the application of the first respondent was directed to be given effect to. 9. In such circumstances, we do not find any merit in the writ appeal. We make it clear that any electricity service connection granted would not enure to the benefit of either of the parties and it https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 would also depend on the ultimate result in any of the pending civil proceedings or any proceedings initiated by the parties to resolve their civil rights. Accordingly, the writ appeal stands dismissed. There shall be no order as to costs. Consequently, the interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 21.07.2026 Index : Yes/No Neutral Citation : Yes/No sra To 1. The Superintending Engineer, Coimbatore Electricity Distribution Circle/North, TANGEDCO, Tatabad, Coimbatore 641012. 2. The Executive Engineer (Operation and Maintenance) Coimbatore, Coimbatore Electricity Distribution Circle/North, TANGEDCO, Mettupalayam, Coimbatore 641301. 3. The Assistant Engineer/Eastm TANGEDCO, Kundha Colony, Karamadai, Coimbatore 641104. https://www.mhc.tn.gov.in/judis WA No.2154 of 2026 THE HON'BLE CHIEF JUSTICE AND G. ARUL MURUGAN, J. (sra) 4. The Deputy Superintendent of Police, Mettupalayam, Coimbatore District. 5. The Inspector of Police, Karamadai Police Station, Coimbatore District. WA No.2154 of 2026 21.07.2026 https://www.mhc.tn.gov.in/judis