Madras High Court Allows Writ Petition for Temporary Electricity Connection Despite Pending Civil Suit — Mere Pendency of Suit Without Interim Order Not a Ground for Rejection. The court quashed the rejection order by TANGEDCO and directed grant of temporary connection subject to compliance with statutory conditions and indemnity bond.

High Court: Madras High Court In Favour of Accused
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Case Note & Summary

The petitioner, D. Senthilkumar, purchased a property in Coimbatore and applied for a temporary electricity service connection for construction purposes. The respondents, officials of TANGEDCO, rejected the application via an online communication dated 16.04.2026, citing the pendency of an unnumbered civil suit (O.S.CFR No.2917 of 2025) filed by the original owners, Mr. K.C. Ramaswami and Mrs. Rajeshwari Ramaswami, against the Bank of Baroda and the promoter. The property had been mortgaged with the Bank of Baroda, and upon default, was sold under SARFAESI proceedings. The auction purchaser promoted a layout, and the petitioner purchased the property through a sale certificate dated 18.11.2016. The suit was yet to be numbered and no interim orders had been obtained by the plaintiffs. The petitioner challenged the rejection by filing a writ petition under Article 226 of the Constitution of India, seeking a writ of Certiorarified Mandamus to quash the rejection order and direct the respondents to provide the temporary connection. The court held that mere pendency of a civil suit without any interim or restraint order is not a ground for rejecting the application. Accordingly, the impugned order was quashed, and the respondents were directed to grant the temporary electricity service connection, subject to the petitioner complying with all other statutory conditions, including the execution of an indemnity bond. The writ petition was allowed with no costs, and the connected miscellaneous petitions were closed.

Headnote

A) Electricity Law - Temporary Service Connection - Rejection on Ground of Pending Suit - Mere pendency of civil suit without any interim or restraint order is not a valid ground for rejecting an application for temporary electricity connection - The court quashed the rejection order and directed the respondents to grant the connection subject to compliance with statutory conditions and execution of indemnity bond (Paras 4-5).

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Issue of Consideration

Whether the pendency of an unnumbered civil suit without any interim order can be a valid ground for rejecting an application for a temporary electricity service connection.

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Final Decision

The impugned online communication order dated 16.04.2026 is quashed. The respondents are directed to grant the temporary electricity service connection to the petitioner, subject to compliance with all other statutory conditions including execution of an indemnity bond. The writ petition is allowed. Connected miscellaneous petitions are closed. No costs.

Law Points

  • Mere pendency of civil suit without interim order is not a ground to reject application for temporary electricity connection
  • Petitioner must comply with statutory conditions including indemnity bond
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Case Details

2026:MHC:1767

WP No. 17126 of 2026 and WMP Nos. 18413 & 18415 of 2026

2026-05-20

G. R. Swaminathan

2026:MHC:1767

For Petitioner: Mr. L.P. Shanmugasundaram, For Respondent: Mr. L. Jai Venkatesh

D. Senthilkumar

The Superintending Engineer/CEDC/METRO, TANGEDCO Main, Tatabad, Coimbatore-641 012 and The Assistant Engineer/Jr Engineer, TANGEDCO Power House, Kalapatti, NGP College Backside, Nehru Nagar West, Coimbatore-641 035

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging rejection of application for temporary electricity service connection.

Remedy Sought

Petitioner sought quashing of the rejection order dated 16.04.2026 and direction to respondents to provide one temporary electricity service connection.

Filing Reason

Respondents rejected petitioner's application for temporary electricity connection citing pendency of an unnumbered civil suit.

Previous Decisions

The suit O.S.CFR No.2917 of 2025 and I.A.No.2 of 2025 is pending on the file of the Subordinate Judge, Coimbatore, but no interim orders have been passed in favor of the plaintiffs.

Issues

Whether the pendency of an unnumbered civil suit without any interim order can be a valid ground for rejecting an application for a temporary electricity service connection.

Submissions/Arguments

Petitioner's counsel argued that the suit was filed by the original owners, the property was sold under SARFAESI proceedings, and the petitioner purchased from the promoter via sale certificate dated 18.11.2016. The suit is yet to be numbered and no interim orders exist. Respondents argued that the rejection was based on the pendency of the civil suit.

Ratio Decidendi

Mere pendency of a civil suit without any interim or restraint order in favour of the plaintiffs is not a valid ground for rejecting an application for a temporary electricity service connection. The applicant is entitled to the connection subject to compliance with statutory conditions and execution of an indemnity bond.

Judgment Excerpts

It is settled law that mere pendency of the civil suit would not be a ground for rejecting the petitioner’s application. The impugned Online Communication Application status order Reference No.20030550426467 dated 16.04.2026, is hereby quashed.

Procedural History

The petitioner applied for a temporary electricity connection. The respondents rejected the application on 16.04.2026 citing pendency of an unnumbered civil suit. The petitioner then filed the present writ petition under Article 226 of the Constitution of India. The court heard both sides and allowed the petition on 20.05.2026.

Acts & Sections

  • Constitution of India: Article 226
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