S M RADHAKRISHNAN Vs. A JAYARAMAN

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned interlocutory order dated 7-3-2005 in W. P. M. P. No. 27212 of 2004 in W. P. No. 22489 of 2004. After hearing learned counsel for the parties, we are of the view that the writ petition also could be disposed of along with the writ appeal, to which learned counsel for both the parties agreed.

(2.) IN our opinion, disputes and matters relating to electricity supply, telephone connection, etc. should first be raised before the concerned statutory authorities, and the parties should not straight away rush to the High Court under Art. 226 of the Constitution in this connection. It is no doubt true that alternative remedy is not an absolute bar to a writ petition, but it is a settled legal principle that if there is availability of alternative efficacious remedy under the statute, parties should first avail of that opportunity before approaching the High Court under Art. 226 of the Constitution. Such matters can most appropriately be dealt with by the authorities concerned, and therefore, ordinarily this Court will relegate the parties to avail the alternative statutory remedy first. If, however, a party is not satisfied with the decision of the statutory authority, it is always open to him to file an appeal as provided in the relevant statute or rule, and only thereafter approach this Court under Article 226 of the Constitution. Hence, we make it clear that we are not totally shutting the doors of this Court to the disputes and matters of this nature, but we are insisting that the parties should ordinarily first approach the statutory authority concerned for redressal of their grievances in this connection, and if they are dissatisfied with the decision of that authority, they could then approach this Court in writ jurisdiction.

(3.) IN the present case also, we are of the opinion that the parties should first approach the third respondent in the writ appeal, viz. The Assistant Engineer, Town Section Tamil Nadu, Electricity Board, Gummidipoondi, Ponneri Taluk, Thiruvallur District in connection with the dispute between them by filing an application under Clause 6. 03 of the Terms and Conditions of Supply of Electricity of the Tamil Nadu Electricity Board, and if the writ-petitioner satisfies the authority concerned that he is in lawful occupation of the premises and is also prepared to execute an indemnity bond in the form prescribed by the Board appropriate orders could be passed by the authority concerned on such application. We, therefore, direct both the parties to appear before the Assistant Engineer, Town Section Tamilnadu, Electricity Board, Gummidipoondi, Ponneri, Thiruvallur District on 15-3-2005 and no separate notices will be issued to them. Before the said authority, the parties may file their respective claims and submit material in support of their claims and that shall be considered by the said authority, who will also give them a hearing in person or through their representatives, if they so desire, and suitable orders shall be passed in accordance with law very expeditiously.