WA/4340/2019 of R.PONNI Vs THE ASSISTANT ENGINEER on 30 December 2019

1. The Assistant Engineer,(Operation and Maintenance), Tamilnadu Generation and Distribution Corporation Ltd.,Thiruthuraipoondi, Thiruvarur District.

2. The Commissioner,

Thiruthuraipoondi Municipality,Thiruthuraipoondi.Thiruthuraipoondi.

3. Tmt.A.Kumutham ... Respondents/Respondents Prayer: Writ Appeal is filed under Clause 15 of the LettersPatent, seeking to allow the Writ Appeal and set aside the orderpassed in W.P.23458 of 2018 on 14.11.2019.

Prayer in W.P.23458 of 2018 : Writ Petition is filed underArticle 226 of the Constitution of India, to issue Writ ofCertiorarified, to call for the records of the respondent letterdated21.08.2018,Na.Ka.No.Vo.Po/Eya.Pa/Nagar/Thi.Thu.Poo/Koo.objection/ ANo.66/2018-2019 and quash the same and toforbear the respondent from erecting any electric pole andlaying electric lines in her property of the punjai landmeasuring to an extent of 0.13/4 cents comprised in surveyNo.62/18C and Nanjai land measuring to an extent of 0.05.2/3cents comprised in Survey No.62/19B and Punjai Land measuring toan extent of 0.09 cents comprised in Survey No.62/20B situatedat Mannarkudi Road Thiruthuraipoondi Taluk Thiruvarur Districtby the consideration of the petitioner's representation dated28.08.2018.

For Petitioner : Mr.V.SubramanianFor Mr.P.BalamuruganFor R1: Mr.P.GunarajFor R2: Mr.P.S.Shivashanmuga Sundaram Spl. Govt. Pleader******J U D G M E N T

S.VAIDYANATHAN,J.,ANDP.T.ASHA,J.,

The Appellant seeks to set aside the order dated 14.11.2019passed in W.P.23458 of 2018, by which, this Court, whileupholding the order of the 1[st] respondent, had directed the 1[st]Respondent to proceed to erect pole for the purpose of supply ofelectricity connection within four weeks. In the order, it wasalso observed that the order passed would be subject to thefinal outcome of the dispute pending between the parties.

2. Heard the learned counsel for the Appellant, the learnedStanding Counsel for R1 and the learned Special GovernmentPleader for R2. Notice to the 3[rd] respondent is dispensed with,as no adverse order is going to be passed against her. Byconsent of the parties, the main Writ Appeal is taken up forhearing and disposal even at the admission stage itself.

3. Learned counsel for the Appellant has submitted thatdespite the pendency of A.S.No.4 of 2018 before the Sub Court,Thiruvarur, the learned Single Judge had approved the action ofthe 1[st] respondent, by granting permission to them to erect poleand electricity connection, which warrants interference by thisCourt.

4. It is not known as to whether any stay has been grantedin the Appeal Suit and mere pendency of an appeal without staycannot be cited as a ground to interfere with the order of thelearned Single Judge. Moreover, a reading of the order of thelearned Single Judge discloses the fact that the earlier orderdated 15.04.2009 passed by this Court in W.A.No.1396 of 2007 hasbeen referred to in the order, holding that if a lawful occupantis compelled to lead his life in darkness, it would amount tomake him lead an animal life, which is not the purport of theconstitution. In fact, the learned Single Judge, while disposingof the Writ Petition, had protected the interest of both parties.

5. In the result, finding no error or illegality on the faceof the order, we are of the view that there is no ground madeout to set aside the order dated 14.11.2019 passed by the

https://hcservices.ecourts.gov.in/hcservices/

learned Single Judge in W.P.No.23458 of 2018. Accordingly, theWrit Appeal stands dismissed. However, it is made clear that incase the Appellant herein succeeds in the Appeal Suit inA.S.No.4 of 2018 pending before the Sub Court, Thiruvarur, theelectricity service connection shall be disconnected withimmediate effect and the entire costs of removal shall be borneby the party, who sought for such electricity connection. It isneedless to state here that it is open to the respective partiesto raise all the grounds available to them before the Sub Court,Thiruvarur, while advancing their argument in A.S.No.4 of 2018.No costs. Consequently, connected miscellaneous petitions isalso closed.

Sd/-

Assistant Registrar(CS-VI)

// True Copy//

ar

Sub Assistant Registrar

To:

1. The Assistant Engineer,(Operation and Maintenance),Tamilnadu Generation and Distribution Corporation Ltd.,Thiruthuraipoondi, Thiruvarur District.2.The Commissioner,Thiruthuraipoondi Municipality,Thiruthuraipoondi.

CP(CO)CSR:10.01.2020

W.A.No.4340 of 2019