whether any interim orders have been passed in your suit ? take out a interim application to restrain defendant from making any appilication to TNEB for disconnecting the electricity connection . amend your plaint and make TNEB a party .
Temporary Injunction against TNEB
Sir, I am continuously living in the suit property for the past 62 years without any hindrance or opposition. I have a filed a suit for Permanent Injunction against a defendant not to disturb my peaceful possession and enjoyment of suit property. The defendant who changed the Patta in her name a year back gives me trouble. While the suit is pending, the defendant who effected the name change in the Electricity connection to the suit property, now threatening to disconnect the electricity connection by way of application to Tamilnadu Electricity Board. I badly in need of preventing the action. But my problem is since TNEB authorities are not parties to the suit, I am unable to get the Temporary Injunction against them. The court refuses to give such order against the Authorities. Kindly advice! Suresh
Asked 11 years ago in Civil Law
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8 Answers
he can not disconnect your electricity,in case he does file a complaint in local police station.also amend you plaint and make TNEB a party under order VI rule 17
Thank you Ajay Sethi and Rajeev Bari sir, the Ad-interim injunction is still pending in the suit, notice has been ordered to the defendant, she has to file the counter. Rajeev bari sir, regarding your answer the electrical connection is now in the defendant name, the Assistant Engineer states that if they receive the application for disconnection, they have every right to disconnect. Next, who has to make the complaint before Police station? Plaintiff i.e., me? and against whom? If I go to police station, they won't accept the complaint since, it is civil nature and suit is pending. Kindly advise.
Asked 10 years ago
you pls understand that you can not maintain your living without water and electricity,taking stay order from court will take time,what you can do is try for stay order and in the mean time inform TNEB that you have filed stay order proceedings,request them not to disconnect as long as your application is decided by court or if that is not possible hire a generator till you get relief from the court
unless you make TNEB a party to the suit court wont grant you an injunction against TNEB . yo have to amend your plaint mention conduct of defendant who has fraudulently while suit was pending got meter transferred in her name and now is applying for disconnection to TNEB .
in alternative you can seek injunction against defendant to restrain her from making any application for disconnecting meter . you ought to have before she transferred meter in her name sought maintenance of status quo order . any how now you can do so .
It seems that when you filed the suit the defendant had not yet applied for transfer of electricity connection in his name, or you were not aware of the fact that he had already filed such an application, for which reason you did not add TNEB a party to suit, and rightly so.
Having regard to the fact that he has now applied for electricity connection, the only legal recourse available to you is to seek a stay against transfer of connection.
The Assistant Engineer has rightly told you that TNEB has the right to cancel the connection if an application made by defendant in this regard is received. The likelihood of stay now being granted, with regard being had to fact that as to date the connection already stands transferred in his name, is very little, albeit you may try your luck.
Thanking you all of you seniors, As adviced by Ajay sir, I have applied for Temporary injunction against the defendant, but also added TNEB officials as respondents, after a long discussion, the court adjourned the petition for orders tommorow. The main question is she has done the name connection during the pendency of suit, supressing the fact to TNEB officials. But I am not adding TNEB officials as party in main suit. They have been highlighted as garnishees. When problem comes only we can realise how handicaped our Laws are! When the damamage is instance, why not the remedy is instance! Next, Rajee sir, will you advice your clinet like this? Hiring a generator!!! Thank god, you have not adviced to vacate the premises. Clients approach us for legal solutions not for foolish ideas! sorry if I wounded you. Once again I thank one and all for your kind participation and advice. Ranga.
Asked 10 years ago
thanks for your appreciation . best of luck
Laws are not handicapped. An instantaneous remedy has the effect of depriving the opposite party of its rights. So a set procedure has to be followed for availing every remedy.
Anyhow, thanks for your appreciation. All the best!