1. Refusal of electricity connection due to pendency of a civil suit for recovery of possession. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Mad) 49270
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, M. Jothiraman, JJ
P. Pitchai – Appellant
Versus
Pandiyammal – Respondent
WA(MD)No.828 of 2026|CMP(MD)No.6892 of 2026
Advocates:
For the Appellants/Petitioners: V. Selvakumar
For the Respondents: S. Deenadhayalan
For the Appellants/Petitioners: V. Selvakumar
For the Respondents: S. Deenadhayalan
Important Points
Pendency of a civil appeal regarding property possession does not justify denying basic amenities like electricity to the occupant, as such services are attached to the property and do not prejudice the legal rights of the claimant.
Subject
Civil - Property & Utilities
Headnote
(A) Basic Amenities - Electricity Connection - Provision of electricity to a dwelling house in possession of a party cannot be denied merely due to the pendency of a civil appeal concerning the title or possession of the property. (Para 4)
(B) Civil Litigation - Recovery of Possession - The grant of a utility service connection does not cause prejudice to the appellant's rights in a recovery suit as the amenity remains attached to the immovable property regardless of the final outcome of the litigation. (Para 4)
Issues: Whether the pendency of an appeal suit against a decree for recovery of possession is a valid ground to deny electricity connection to the party currently in possession of the property.
(B) Civil Litigation - Recovery of Possession - The grant of a utility service connection does not cause prejudice to the appellant's rights in a recovery suit as the amenity remains attached to the immovable property regardless of the final outcome of the litigation. (Para 4)
Issues: Whether the pendency of an appeal suit against a decree for recovery of possession is a valid ground to deny electricity connection to the party currently in possession of the property.
Legal Category Hierarchy
- practice and procedure
- administrative law
-
property law
-
possession
- effect on amenity rights (Para 4)
-
possession
Table of Contents
2. Appellant opposed providing connection as civil suit appeal is pending against dismissal of possession suit. (Para 2 )
3. Mere pendency of an appeal does not deprive a party in possession of basic amenities attached to property. (Para 4 )
4. Basic amenities attached to immovable property should not be denied solely due to pending litigation. (Para 4 )
5. Writ appeal dismissed; no prejudice caused by providing electricity connection to the occupant. (Para 5 )
6. Can an electricity connection be denied to an occupant merely because a civil suit for possession is pending?
No. Basic amenities attached to immovable property cannot be denied solely due to pendency of litigation; the occupant's possession is the relevant factor. (Para 4 )
7. Does the pendency of an appeal against a decree affect the right to basic amenities?
No. The pendency of an appeal does not take away the right to basic amenities like electricity, especially when the respondent is in possession. (Para 4 )
8. Would granting an electricity connection to an occupant prejudice a party who later wins possession?
No. The electricity connection is attached to the immovable property, so granting it causes no prejudice to the appellant's case in the appeal suit. (Para 4 )
JUDGMENT
(Judgment of the Court was made by N.SATHISH KUMAR, J.)
Challenging the order of the learned Single Judge in allowing the writ petition directing the 2nd respondent to provide electricity service connection to the 1st respondent's dwelling house, the present appeal has been filed.
2. The main contention raised by the learned counsel for the appellant is that though the civil suit filed by the appellant in O.S.No.61 of 2011 in respect of the subject property has been dismissed, he has already filed an appeal against the judgment and decree passed in the suit. Hence, he opposed the impugned order.
3. It is seen that the appellant originally filed a suit for recovery of possession of the subject land where the dwelling house of the 1st respondent/writ petitioner is situated. The said suit has been dismissed and on that ground, the learned Single Judge has directed to provide electricity service connection to the 1st respondent's dwelling house which was originally refused citing pendency of the civil suit.
4. We are of the view that mere pendency of the appeal suit will not take away the basic amenities in the immovable property. Admittedly, the 1st respondent is in possession of the property. Even if the appellant succeeds in the appeal suit and he is able to get recovery of possession, the amenity in the premises namely, electricity connection is also attached to the immovable property. Therefore, merely because the electricity connection is given to the 1st respondent, no prejudice will be caused to the appellant's case in the appeal suit. Hence, we do not find any infirmity in the order of the learned Single Judge.
5. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
