Case Note & Summary
The appellant, E. Mohamed Siddique, filed a Writ Appeal challenging the order dated 08.08.2023 passed in W.P.No.24157 of 2022 by the Madras High Court. The appellant and the second respondent, John Mohammed, are blood brothers. A Civil Suit in O.S.No.237 of 2014 was pending before the learned Principal District Munsif, Mayiladuthurai, concerning the subject property. The appellant had instituted the writ petition seeking a direction to the Assistant Engineer, TANGEDCO, to temporarily disconnect the electricity service connection in the subject property. The Writ Court directed TANGEDCO to restore the electricity service connection up to 23.08.2023 in respect of the subject property, wherein the second respondent was in possession, and thereafter granted liberty to the second respondent to submit a fresh application for a new electricity service connection in his name. The appellant challenged this order. During the pendency of the appeal, the second respondent submitted a fresh application, which was considered and a fresh electricity service connection was provided in his name. The court held that electricity is an essential service and cannot be disconnected on account of a civil dispute between brothers. If any dispute regarding title or ownership is pending, all related relief must be sought before the Civil Court. During the pendency of the Civil Suit, a writ petition seeking disconnection is not maintainable. Since a fresh service connection had already been granted in the name of the second respondent, the relief sought in the appeal became infructuous. The court dismissed the Writ Appeal, leaving all civil disputes to be adjudicated by the Civil Court uninfluenced by any observations made by the Writ Court or in the present order.
Headnote
A) Electricity Law - Essential Service - Disconnection - Civil Dispute - Electricity being an essential service cannot be disconnected on account of a civil dispute between brothers regarding title and ownership of the property. The proper remedy is to seek relief before the Civil Court where the suit is pending. (Paras 5) B) Writ Jurisdiction - Maintainability - Alternative Remedy - A writ petition seeking disconnection of electricity service connection during pendency of a civil suit is not maintainable. The aggrieved party must approach the Civil Court for appropriate relief. (Paras 5) C) Civil Procedure - Subjudice - Pending Suit - All civil disputes regarding title and ownership are subjudice before the Civil Court and must be adjudicated based on documents and evidence uninfluenced by observations of the Writ Court. (Paras 5)
Issue of Consideration
Whether a writ petition seeking disconnection of electricity service connection is maintainable during pendency of a civil suit regarding title and ownership of the property
Final Decision
The Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Electricity is an essential service
- cannot be disconnected due to civil dispute
- writ petition for disconnection not maintainable during pendency of civil suit
- fresh connection granted renders appeal infructuous
