WP/40536/2026 of E.SELVAM Vs THE EXECUTIVE ENGINEER on 13 October 2026

ORDER

This Writ Petition has been filed for the following reliefs:- “To quash the letter issued by the 1st respondent in Letter No.A.E.E/ O and P/ P.K./ VA.A/ K. Complaint Petition /O.No. 068- 2026- 2027 /dated 07.7.2026 and Consequently direct the 1st respondent to temporarily disconnect the service No.677- 023- 346 at No.8, Maraimalai Adigal Street, Manavalan Nagar, Tiruvallur for pursue the major repair work and restore the same after completing the work within a time frame.”

Brief Facts:-

2. The Petitioner would submit that the subject property originally belonged to his father, Late Mr. Ekambaram, who, during his lifetime, executed a Will in his favour. Subsequently, owing to his occupation as a mason and his inability to maintain the property, the Petitioner executed a settlement deed in favour of his wife, Mrs. Chithra. Upon her demise on 10.03.2017, the Petitioner and his only daughter, Sathyapriya, succeeded to the property as her legal heirs and have been enjoying the same without hindrance.

3. The Petitioner would submit that the subject property comprises four shop portions and a residential house on the first floor, wherein he is residing. Since the shop portions had become old and dilapidated, the Petitioner proposed to undertake major repairs to strengthen the building and consequently requested the 1st Respondent to temporarily disconnect the electricity service

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connection bearing No. 677-023-346, standing in his name. However, as the 1st Respondent failed to act upon the said request, the Petitioner approached the Consumer Grievance Redressal Forum (CGRF), which directed the 1st Respondent to inspect the building and take appropriate action.

4. The Petitioner would further submit that, pursuant to the said direction, the 1st Respondent inspected the property and issued the impugned letter stating that one Mr. E. Asokan, the Petitioner's brother, had objected to the disconnection of the service connection, alleging that the same had been transferred to the Petitioner's name by fabricating documents. The 1st Respondent also referred to the pendency of a civil suit between the Petitioner and the said E. Asokan and consequently declined to disconnect the service connection until the disposal of the civil suit.

5. The Petitioner would submit that the impugned letter issued by the 1st Respondent is arbitrary and unsustainable in law, as the Petitioner claims ownership of the subject property and has been enjoying the same for several years following the demise of his father on 29.04.1998. The Petitioner would further submit that the 1st Respondent is not a party to the pending civil suit and that no order has been passed by the competent civil court restraining the 1st Respondent from disconnecting the electricity service connection at the Petitioner's request. Therefore, aggrieved by the impugned letter issued by the

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1st respondent, the petitioner is before this Court seeking the reliefs stated supra.

6. Heard the learned counsel on either side and perused the records.

7. It is seen that a suit in OS.No.168 of 2024, on the file of the Subordinate Judge, Thiruvallur, in respect of the subject property has been filed by the brother of the petitioner herein one Mr.E.Asokan seeking the following reliefs:- “(a) to a partition usual preliminary Decree, of the suit property in to 5 equal shares and to allot 2 such shares (2/5th) to the plaintiffs with the metes bounds of the suit property, (b) To declare that the registered Settlement deed, dated 09.05.2003 in Document No.870/2003at the office of the No. INe. Joint Sub registrar at kanchipuram executed by 1" defendant in favour of the S.Chithra and in respect of suit property measuring to an Extent of 1240/-sqft (house site) as invalid, null and void.

(c) To declare that the registered settlement deed, dated 06.7.2004 in Document No.1347/2004 at the office of the S.R.O at Manavala nagar executed by Tmt.Dhanalakshmi ammal w/o late. M.Ekambaram in favour of the E.Magesh (here in 2nd defendant), in respect of suit property measuring to an Extent an 0.03cents (house site) as invalid, null and void.

(d) To appoint an advocate commissioner for effecting division of the

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property by metes and bounds and to allot the specified 2/5th share to the plaintiffs and (e) To pass a final decree. for partition and separate possession of the plaintiff's 2/5th share to the plaintiffs in the suit property with metes and bounds and to deliver the plaintiffs specified portion.

(f) Or cost of the suit and

(g) For such relief and other relieves as this Hon'ble Court may deem fit under the circumstances of this case and thus render justice.”

8. The Petitioner has now approached this Court seeking the reliefs stated supra, on the ground that the shop portions of the building situated in the suit property are in a dilapidated condition and, therefore, major repairs are required to be undertaken, for which purpose he had submitted a representation to the 1st Respondent seeking temporary disconnection of the electricity service connection. However, the said request was rejected by the 1st Respondent on the ground that a civil suit is pending between the Petitioner and the said E.Asokan, and that the service connection could be disconnected only after the disposal of the said suit.

9. Admittedly, a suit in OS.No.168 of 2024, on the file of the Subordinate Judge, Thiruvallur, in respect of the subject property, is pending and the parties are already before the Civil Court. The title to the subject property is also the

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subject matter of the pending civil proceedings.

10. Instead of approaching the Civil Court, the petitioner has approached this Court. This Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot look into the evidence or adjudicate upon the disputed question of title, as the same falls exclusively within the jurisdiction of the competent Civil Court.

11. In view of the fact that the title to the subject property is in dispute and the same is the subject matter of the pending civil suit between the Petitioner and the said E. Asokan, the letter issued by the 1st Respondent dated 07.07.2026 rejecting the Petitioner's request for temporary disconnection of the electricity service connection till the disposal of the pending civil suit cannot be found fault with.

12. Accordingly, this Writ Petition is dismissed. It is well open to the petitioner to work out his remedy before the competent Civil Court. No costs. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

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P.T.ASHA J. SHR To

1. The Executive Engineer Operation and Maintenance, TANGEDCO, No.6, Lal Bahadur Shastri Street, Periyakuppam, Thiruvallur- 602 001. WP No. 40536 of 2026 09-10-2026

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