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2026 Supreme(Online)(Mad) 24701

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Thirumoorthi P – Appellant
Versus
The Executive Engineer (TNPD – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.A.Balaji
For the Respondents: Mr.S.Deenadhayalan Standing Counsel

The mere pendency of a civil suit does not justify withholding service connections where no competent court decree exists.

Headnote:Article 226 of the Constitution of India provides for the issuance of Writs by the High Court. The petitioner filed a Writ Petition seeking Mandamus for electricity service connection, claiming an unjust delay due to objections from the third respondent. The Court found no legal impediment to granting the service. The primary issue was whether the pending civil suit could justify withholding the connection. The Court confirmed that the connection should be granted unless a competent court order dictated otherwise. The outcome of the petition was a definitive directive to effect the electricity connection promptly.

Table of Content
1. direction for electricity connection sought. (Para 1 , 2)
2. pending civil suit does not impede connection. (Para 3)

ORDER

The writ petition is filed seeking a direction to the respondents 1 and 2 to provide an electricity connection to the petitioner’s house.

2. When the matter came up for hearing, Mr.S.Deenadhayalan, learned Standing Counsel, taking notice on behalf of the respondents 1 and 2, submitted that at the time the application was made, there was an objection from the third respondent. However, the respondents 1 and 2 have since enquired into the matter and will proceed to effect the connection, as it appears that the pending civil suit is not related to the property in question.

3. This Court is disposing of the writ petition at the admission stage, without notice to the third respondent. It is made clear that no opinion is expressed on the merits of the matter. Since it is stated that the respondents 1 and 2 are proceeding with consideration of the petitioner’s case, the same shall be considered in accordance with law and appropriate orders shall be passed. If the respondents 1 and 2 decide in favour of the petitioner, the electricity connection shall be effected as early as possible. It is made clear that the mere pendency of a civil suit shall not be a ground to withhold the connection and there is no order from any competent Civil Court and no other legal impediment, the connection shall be granted.

4. The writ petition stands disposed of accordingly. No costs.

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