N.Muthukumaran v. The Superintendent Engineer

ORDER

The writ petitioner has challenged the order passed by the third respondent dated 06.02.2024, in and by which the grant of electricity service connection was turned down and would seek for a consequential direction to the respondents 1 and 2 to provide electricity connection to his house bearing No.160/A3, Agraharam, Periyangankudi Village, Solasakkaranallur Post, Mayiladuthurai District.

¶2The petitioner's contention is that he has been residing in the subject Page3 of 7 property and had produced all the relevant records issued by the Government to substantiate the same. The petitioner had already made electrical installations by engaging a licensed electrician. The petitioner had made an online application to the respondents in July 2023 to provide electricity service connection to the house which is a tinned sheet roofing and brick walls plastered with cement mortar. The petitioner was unsuccessful, as his device demanded NOC to be obtained from Tahsildar, Mayiladuthurai. The petitioner had applied for NOC on 31.07.2023 to the Tahsildar, Mayiladuthurai, The Tahsildar by his undated order passed in the month of August 2023, refused to grant NOC on the ground that the 5th respondent has made an objection.

¶3Challenging the said order, the petitioner had made an appeal to the Revenue Divisional Officer, Mayiladuthurai, and the RDO by his orders dated

11.01.2024, had directed the Tahsildar to look into the matter. The Tahsildar, once again had dismissed the petitioner's claim. The DRO has also rejected the request of the petitioner vide impugned order dated 06.02.2014 on the ground that as against the property, a civil suit is pending.

¶4The petitioner's contention is that he is seeking electricity connection from the respondents 1 to 4 on a Government Natham Poromboke land and that his family has been residing continuously in the said property for over 40 years and that during the Natham Survey Scheme, inadvertently the patta was not Page4 of 7 granted to him. The petitioner would submit that he has filed a civil suit for injunction in O.S.No.122/2023 on the file of Principal Sub Court, Mayiladuthruai, against one Balachandran and this has nothing to do with the claim of the petitioner. Further, the said Balachandran has not objected in providing the electricity connection to the petitioner.

¶5The petitioner would submit that he is not claiming any title to the land in which he had constructed the house, however, his limited prayer in this writ petition is to provide electricity service connection for the subject property.

¶6The fifth respondent has appeared before this Court as party in person. He would submit that the petitioner is an encroacher who has encroached upon the subject lands and when the same was objected by 5th respondent's younger brother Balachandran, the petitioner had moved a suit in O.S.No.122/2023. He would deny the allegations made by the petitioner that the petitioner had been residing in the subject property for over 40 years. The contention of the petitioner that the lands are poromboke lands is absolutely false inasmuch as they are Grama Natham lands belonging to the ancestors of the 5th respondent and the encroachment is in a portion of the backyard of the subject property. In fact, it is stated that the suit for specific performance has now been filed by the petitioner on the basis of the fraudulent agreement of sale which goes to show that he recognises the ownership of the 5th respondent and his family members. Page5 of 7 The 5th respondent would submit that the petitioner is attempting to create evidence for his possession by applying for electricity service connection. It is also admitted by the petitioner that he has put up a tin sheet construction in the property.

¶7Heard the learned counsel on either side and also perused the materials placed before this Court.

¶8During the arguments, the main grievance of the party-in-person was that the petitioner was trying to create evidence. A suggestion was put by the Court that the electricity service connection can be granted in the name of the 5th respondent. The counsel appearing for the petitioner has no objection to the same.

¶9In the light of the above, this Court has passed the following order :

(a) The electricity service connection for the subject property shall be granted in the name of the 5th respondent, considering the fact that the petitioner has filed a suit for specific performance wherein he himself had admitted the ownership of the property is in favour of 5th respondent and his family members.

(b) It is made clear that the electricity service connection provided to Page6 of 7 the subject property will be temporary and it is only with reference to the present structure put up namely, tin sheet.

¶10The writ petition is disposed of in above terms. No costs.

25-02-2026 Index: Yes/No Speaking/Non-speaking order DS To:

¶1The Superintendent Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Mayiladuthurai Mayiladuthurai District.

¶2The Assistant Engineer Tamil Nadu Generation And Distribution Corporation Ltd., Mayiladuthurai Mayiladuthurai District.

¶3The District Revenue Officer Mayiladuthurai Taluk, Mayiladuthurai District

¶4Revenue Divisional Officer Mayiladuthurai Taluk Mayiladuthurai District. Page7 of 7 P.T.ASHA J. DS 25-02-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA N.Muthukumaran S/o. Nagarajan No. 160/A3 Agraharam, Periyangangudi, Uluthukuppai, Solasaikaranallur Mayiladuthurai - 609 118. ..Petitioner(s) Vs 1. The Superintendent Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Mayiladuthurai Mayiladuthurai District. 2. The Assistant Engineer Tamil Nadu Generation And Distribution Corporation Ltd., Mayiladuthurai Mayiladuthurai District. 3. The District Revenue Officer Mayiladuthurai Taluk, Mayiladuthurai District 4. Revenue Divisional Officer Mayiladuthurai Taluk Mayiladuthurai District. 5. Ganesh S/o . Balasubramani Iyer, No. 7/3A, Dharma Sastha Street, Sri Nagar Colony, Thirumullaivoil, Avadi Taluk, Chennai – 600 062. ..Respondent(s) Page2 of 7 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to call for the entire records of the 3rd respondent vide Oo.Mu. 0548/ 2024/ AA4 dated 06.02.2024 and partly quash the same and subsequently directing the 1st and 2nd respondents to provide Electricity Connection to the petitioner's house bearing door no. 160/A3 situated in Agraharam, Periyanagankudi Village, Solasakkaranallur Post, Mayiladuthurai Taluk and District For Petitioner(s): Mr. R.Ganesan For Respondent(s): Mr. D.B.R. Prabhu for R1 & R2 Ms.R.L.Karthika Government Advocate for R3 & R4 Mr.B.Ganesh (Party-in-Person) for R5