HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.41095 of 2014 Date:31.12.2014 Between:
I.Jayamma, W/o Subbi Reddy . Petitioner And:
The A.P. Southern Power Distribution Company Limited, reptd by its Chairman-cum-Managing Director, Hyderabad and seven others.
. Respondents Counsel for the Petitioner: Sri V.B.Subrahmanyam Counsel for Respondent Nos.1 to 5: Sri P.Vinod Kumar The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 5, in considering the petitioner’s objections given through legal notice, dated 10.01.2014, as illegal and arbitrary.
After hearing learned counsel for the petitioner and considering the pleadings and material on record, this Court is of the opinion that this is a vexatious piece of litigation.
On the petitioner’s own showing, she has filed a suit for partition against respondent Nos.6 to 8 and the said suit is pending before the competent Court of civil jurisdiction. When the said suit is pending, respondent Nos.6 to 8 appeared to have submitted an application for release of power supply to the premises, which is the subject matter of the civil suit. As the said application was not being considered, respondent No.6 filed Writ Petition No.32108 of 2014, which was disposed of by this Court by order, dated 02.12.2014, by directing respondent Nos.3 and 4 to process the application of respondent No.6, take a decision and communicate the same to the petitioner within one month from the date of receipt of a copy of the order. It appears, the petitioner has submitted her objections, dated 01.01.2014, to the application filed by respondent No.6 for release of power supply. However, the power supply is stated to have been released in favour of respondent No.6 by respondent No.4. Feeling aggrieved by the release of power supply and non-consideration of her objections, the petitioner has filed this Writ Petition.
The facts narrated above would show that the right of the petitioner is still inchoate as, the civil suit filed by her for partition against respondent Nos.6 to 8 is pending. The petitioner has not explained as to how her interests will be adversely affected by release of power supply at the instance of respondent No.6. Electricity being an essential amenity for a human being in the contemporary times, the attitude of the petitioner in opposing the release of power supply is perceived as highly unreasonable. Mere release of power supply to the premises which is subject matter of civil suit would not in any manner deprive the legal rights of the petitioner in the civil suit.
In this view of the matter, the Writ Petition is wholly meritless and the same is, accordingly, dismissed.
As a sequel to dismissal of the Writ Petition, WPMP.No.51469 of 2014 filed by the petitioner for interim relief is dismissed as infructuous.
31st December 2014 DR JUSTICE C.V.NAGARJUNA REDDY