• 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 2 years ago in Civil Law from Salem, Tamil Nadu
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 .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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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
Rajeev Bari
Advocate, New Delhi
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92 Consultations
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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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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thanks for your appreciation . best of luck
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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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!
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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