The court emphasized the necessity for judicial resolution of title disputes impacting essential utility access while considering pending civil cases.

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order dated 20.12.2023 passed in Letter No. 5556 / Se.Po / Na / Ko / Va.Aa. / Ko.Pugar / Manu / A.No.3562/2023 on the file of the 2nd respondent herein and to quash the same and direct the respondents 1 to 3 to issue New Service connection in the name of the petitioner as per her Application No. 200303007231088 dated 24.07.2023 and also to restore back the Old Service Connection No.03-030-003-9 in the name of R.Selvaraj to the property bearing Door No.5A, Murugan Illam, Thanneer Panthal Road, Peelamedu, Coimbatore-641 004, within a time frame.

For Petitioner(s): Mr.W.M.Abdul Majeed For Respondent(s): Mr.L.Jai Venkatesh for R1 to R3 Standing Counsel No appearance - R-4

O R D E R

This Writ Petition has been filed to call for the records relating to the order dated 20.12.2023 passed in Letter No. 5556 / Se.Po / Na / Ko / Va.Aa. / Ko.Pugar / Manu / A.No.3562/2023 on the file of the 2nd respondent herein and to quash the same and direct the respondents 1 to 3 to issue New Service connection in the name of the petitioner as per her Application No. 200303007231088 dated 24.07.2023 and also to restore back the Old Service Connection No.03-030-003-9 in the name of R.Selvaraj to the property bearing Door No.5A, Murugan Illam, Thanneer Panthal Road, Peelamedu, Coimbatore-641 004, within a time frame.

2. The brief facts of the case leading to the filing of the Writ Petition is as follows:-

One Selvaraj, who was the owner of the subject mentioned property had received a sum of Rs.1Lakh from the petitioner, but did not come forward to execute a sale deed in favour of the petitioner. However, the said Selvaraj, through his power, executed a sale deed in favour of the 4^th respondent, therefore, the petitioner herein has preferred Original Suit in O.S.No.1627 of 2017 before the Sub Court, Coimbatore seeking Specific Performance of Contract. The electricity service connection was in the name of the said owner, R.Selvaraj, the 4^th respondent using his influence had transferred the same in his name and the respondents 1 to 3 are now trying to cut down the electricity to the portion, in which the petitioner and her family are residing. The petitioner submitted an application to the 3^rd respondent and the same was rejected on the ground that no ownership proof was produced. As against the said order, the petitioner had preferred an appeal to the 2^nd respondent and the 2^nd respondent without considering the fact that the petitioner ought not to be denied the basic amenity of electricity, by way of an order dated 20.12.2023 informed the petitioner that she could get a service connection only if she is able to produce the copy of the Judgment in the Civil Proceedings, which is still pending. Hence the petitioner has come up with the present Petition.

3. The learned counsel for the petitioner would submit that for non-

production of the title deed, the respondents refused the electricity service connection to the petitioner. However, for the very same title, the suit is pending in O.S.No.1627 of 2017 before the Sub Court, Coimbatore. Since the electricity service connection is the basic amenity, the petitioner seeks to allow the present petition.

4. The learned standing counsel appearing for the respondents would submit that the petitioner has not produced any title documents or proof of her possession in accordance with Regulation 27(3) and (4) of the Electricity Distribution Code, the said application was cancelled on 04.09.2023. There is a title dispute between the petitioner and the 4^th respondent, thereby pleaded to dismi