*********** [Judgment of the Court was delivered by S.NAGAMUTHU, J] Challenging the Order dated 22.01.2009 made in W.P.(MD).No.7880 of 2008, the appellant, who is the third respondent in the Writ Petition, has come up with this Writ Appeal.
2. The first respondent herein filed the said Writ Petition seeking for a direction to the Tamil Nadu Electricity Board to extend the electricity service connection to the house which is in his occupation. The appellant resisted the said Writ Petition on the ground that he has already filed a Civil Suit in O.S.No.144 of 2003, on the file of the learned District Munsif, Thirumangalam for injunction to restrain the respondents 2 and 3 from giving electricity service connection to the first respondent. There is yet another suit in O.S.No.12 of 2008 pending on the file of the District Munsif Court, Thirumangalam, where the appellant has prayed for declaration of title and recovery of possession.
3. In this Writ Appeal, it is contended by the appellant that when such Civil Suits are pending, a direction as prayed for by the first respondent for extension of electricity service connection ought not to have been granted.
4. We have heard the learned counsel for the appellant, learned counsel for the first respondent, learned Standing Counsel appearing for respondents 2 and 3 and perused the records carefully.
5. In the Order in the Writ Petition, the learned Single Judge of this Court has stated that the extension of electricity service connection to the house in question as per the Order of the Court is only an interim arrangement pending the final verdict in O.S.No.144 of 2003. The learned Single Judge has rightly recorded that, admittedly, the first respondent is in occupation of the said house.
6. In view of the above position, we do not find any infirmity in the Order of the learned Single Judge warranting interference. At this juncture, the learned counsel for the appellant would submit that the Order of the learned Single Judge may be clarified to the effect that the learned District Munsif may decide the issues in the suits independently on the basis of the materials available on record and without being influenced by any of the observations made in the Order as well as in the Writ Appeal and the service connection, which is given in pursuant to the Order of the learned Single Judge shall be subject to the outcome of the civil suits.
7. In view of the above, we are inclined to clarify the Order of the learned Single Judge that the learned District Munsif shall decide the issues in the suits independently and on the basis of the materials available on record and without being influenced by any of the observations made in the order in the Writ Petition as well as in this Writ Appeal. We further clarify that the service connection given to the house in question in pursuant to the Order of the learned Single Judge shall be subject to the outcome of both the suits.
8. With the above clarification, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
NB To
1.The Assistant Electrical Engineer, Thirumangalam East Division, Tamil Nadu Electricity Board, Thirumangalam, Madurai District.
2.The Executive Engineer, Tamil Nadu Electricity Board, Thirumangalam, Maduari District.