BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17/08/2005 CORAM: THE HONOURABLE MR.JUSTICE P.SATHASIVAM AND THE HONOURABLE MR.JUSTICE S.SARDAR ZACKRIA HUSSAIN WA(MD)No.288 of 2005 WAMP(MD)No.368 of 2005 Thangam ... Appellant vs. 1.Lilly Whites 2.The Chief Engineer, NCES & DSM Tamil Nadu Electricity Board 800, Anna Salai, Chennai-2 3.The Superintending Engineer Wind Energy Development, Tirunelveli ... Respondents Prayer This writ appeal is directed against the order of this court made in WP.No.4426/2005 dated 25.5.2005. !For Appellant ... Mr.S.S. Sundar ^For Respondents ... Mr. A.Baskar-RR2 & 3 :JUDGEMENT
(Order of the Court was made by P.Sathasivam, J.)
1.By consent of all the parties, the main writ appeal itself is taken up for
disposal.
2.The above writ appeal has been filed against the order of the learned single
Judge dated 25.5.2005 made in WP.No.4426/2005.
3.In the light of the order to be passed here under, it is not necessary for us
to refer to all the factual matrix as arrayed.
4.The 1st respondent herein approached this court by way of WP.No.4426/2005,
praying for issuance of a Writ of Mandamus directing the 2nd respondent therein,
viz, the Superintending Engineer, Wind Energy Development, Tirunelveli to
provide electricity service connection to their Wind Mill, situated in
SF.No.720, Karungulam Village, Radapuram Taluk, Tirunelveli District for
commissioning of Wind Mill Electric Generator (WEG) forthwith.
5.The learned single Judge after hearing the learned counsel for the petitioner
therein (1st respondent herein) and the Tamil Nadu Electricity Board as well as
taking note of the opinion of the Legal Cell of the Electricity Board and also
considering the pendency of the civil suit in OS.No.209/2002 on the file of the
District Munsif Court, Valliyur and after observing that there should be no
impediment for the Electricity Department in providing service connection to the
petitioner therein, allowed the said Writ Petition. In the same order, the
learned single Judge has directed the petitioner therein to furnish an
undertaking and an indemnity bond as suggested in the opinion of the Legal Cell
of the Board dated 10.5.2005. Questioning the said order, the appellant, who is
the third party, after securing leave of this court, has filed the above writ
appeal.
6.Heard the learned counsel for the appellant as well as the Respondents.
7.The learned counsel for the appellant, by drawing our attention to the orders
passed in CRP(PD)No.1025 and 1026 of 2004, would contend that the 1st respondent
is not justified in not impleading the appellant in her Writ Petition. He also
contended that the learned single Judge is not justified in issuing direction to
the Electricity Board for granting service connection. As observed earlier,
there is no dispute that OS.No.975/2002 filed by the vendor of the 1st
respondent herein against the appellant/defendant is still pending. It is also
brought to our notice that the said suit is ripe for trial. It is true that
pursuant to the order of the learned single Judge, the Electricity Board has
granted power connection and according the counsel for the 1st respondent, the
Wind Mill is being operated as on date. Taking note of all these factual details
and in view of the stand taken by the respective parties, we are of the view
that ends of justice should be met by directing the learned District Munsif
Court, Valliyur to dispose of the suit in OS.No.209/2002, within a period of
three months from the date of receipt of a copy of this order. Accordingly, we
direct all the parties to maintain status-quo as on date, till a final decision
is taken in the said suit.
8.With the above observations, this writ appeal is disposed of. No costs.
Consequently, the connected WAMP is closed.
Srcm
To:
1.Lilly Whites
2.The Chief Engineer, NCES & DSM
Tamil Nadu Electricity Board
800, Anna Salai, Chennai-2
3.The Superintending Engineer
Wind Energy Development, Tirunelveli