Case Note & Summary
The Intra-Court Appeal arose from a writ order dated 05.05.2023 in W.P.No.14531 of 2023, wherein the learned Single Judge directed the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) authorities to consider the application submitted by the first respondent, T. Sakthivel, for providing an electricity service connection. The appellant, K. Selvaraj, challenged this direction, contending that the proposed overhead electricity line would cross through his land via a common pathway. Earlier, a civil court in I.A.No.2 of 2022 in O.S.No.199 of 2022 had passed an interim order of temporary injunction with the observation that the injunction would not affect the respondent's right to obtain an electricity service connection crossing through the plaintiff's land according to law. During the pendency of the writ appeal, the Assistant Executive Engineer of TANGEDCO filed a status report stating that electricity extension works were completed on 02.09.2023 with police protection. The overhead line was extended from a pole in Survey No.447/1D to the respondent's land in Survey No.447/1A, covering only a distance of approximately 10 meters of the common pathway. The line was erected at a height of about 22 feet and did not affect the usage of the common pathway by either party. However, the actual service connection had not been effected because the government had not yet released the target for granting connections; only the extension works stood completed. In light of this report, the Division Bench found that no further consideration was required. Accordingly, the writ appeal was dismissed, and the connected miscellaneous petition was closed. No costs were imposed.
Headnote
A) Electricity Law - Service Connection - Dismissal of Appeal - Electricity Act, 2003 - The writ court had directed TANGEDCO to consider the first respondent's application for electricity service connection; during pendency of appeal, the extension works were completed and a status report was filed confirming that the overhead line across a common pathway did not affect usage. Held that no further consideration was required and the appeal was dismissed (Paras 3-4).
Issue of Consideration
Whether the writ appeal deserves to be allowed or dismissed in view of the completion of electricity extension works as per the status report filed by TANGEDCO.
Final Decision
The Writ Appeal is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
Law Points
- Legal points not extracted
- dismissal of appeal when grievance no longer survives
- writ court direction complied with
- completion of works renders appeal infructuous
