High Court · 2025

W.P.No.4980 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.10.2025CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.4980 of 2021and W.M.P.No.5555 of 2021P.Myilsamy (Died) 1.M.Subramanian2.Mylammal @ Mylathal ... Petitioners(*Petitioner Nos.1 and 2 are substituted as the legal representatives of the deceased Myilsamy vide order dated 17.10.2025 in W.M.P.No.16668 of 2023*) Vs.1. The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palladam, Coimbatore District.2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palladam Electricity Distribution Circle, Palladam Taluk, Coimbatore District-641 664.3.The Assistant Executive Engineer (Rural),_________Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021 Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palladam Electricity Distribution Circle, Palladam Taluk, Coimbatore District-641 664.4.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), (O & M)/Jallipatti, Sulur Taluk, Coimbatore District-641 671.5.P.Devaraj ... RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the respondents 1 to 4 herein from effecting or giving any EB service connection in favour of the fifth respondent for the construction illegally put in the lands of the petitioner and his wife, measuring an extent of 1.38 acres in Survey No.125/1A, which is sub-divided as Survey No.125/1A1 and 125/1A2 in Patta No.90 and Patta No.314 of Jallipatti Village, Sulur Taluk, Coimbatore District. For Petitioners : Mr.U.GokulakrishnaFor Respondents: Mr.L.Jai Venkateshfor RR1 to R4Mr.K.Myilsamy for R5 O R D E R_________Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021This Writ Petition has been filed to forbear the respondents 1 to 4 herein from effecting or giving any EB service connection in favour of the fifth respondent for the construction illegally put in the lands of the petitioners, measuring an extent of 1.38 acres in Survey No.125/1A, which is sub-divided as Survey No.125/1A1 and 125/1A2 in Patta No.90 and Patta No.314 of Jallipatti Village, Sulur Taluk, Coimbatore District. 2. The learned counsel appearing for the petitioners submits that Survey No.125/1 consisted of 3.18 acres of land and one Myilsamy, who has filed this writ petition, died during the pendency of this writ petition and therefore, his legal heirs were substituted. The first petitioner is his son and the second petitioner is his wife. Myilsamy and the second petitioner are the absolute owners of the property measuring an extent of 1.38 acres in Survey No.125/1A and 0.28 acres in Survey No.125/1C of Jallipatti Village, Sulur Taluk, Coimbatore District. However, while revenue records were updated under UDR Scheme, some mistakes crept in and an extent of 1.70 acres of land in Survey No.125/1A has been recorded in the names of the fifth _________Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021respondent and his mother, P.Subbammal, instead of 1.38 acres and an extent of 1.06 acres has been recorded in the name of Myilsamy and the second petitioner. In effect, an extent of 0.32 acres has been wrongly reduced from Myilsamy and the second petitioner's share out of 1.38 acres in Survey No.125/1A and has been increased and recorded in the share of the fifth respondent and his mother. Unknowing all these facts, Myilsamy and the second petitioner had been continuously paying the property tax all along for the entire extent of lands measuring 1.38 acres in Survey No.125/1A and 0.28 acres in Survey No.125/1C. However, when the petitioners came to know about the mistake occurred in UDR scheme, they submitted an appeal on 20.12.2019 to cancel the sub-division effected in Survey No.125/1A as Survey No.125/1A1 and 125/1A2 in Patta Nos.90 and 314 and issue a separate patta for an extent of 1.38 acres in the name of the Myilsamy and the second petitioner._________Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 20213. In the meanwhile, G.O.No.385, Revenue Department dated 17.05.2004 was issued by conferring the powers only with the District Revenue Officers to make any corrections in respect of the entries made under UDR Scheme. Therefore, the petitioners submitted an application to the District Revenue Officer, Coimbatore, on 20.02.2020. On receipt of the representation, the District Revenue Officer, Coimbatore, directed the Revenue Divisional Officer to conduct field inspection, carry out survey and submit a detailed report. Thereafter, the Revenue Divisional Officer deputed the Head Surveyor and the Village Administrative Officer to conduct survey and inspection. Pursuant to the same, notice was issued to the petitioners and to the fifth respondent and his mother for conducting inspection and survey. Survey was conducted and survey report was forwarded to the Competent Authority. However, the fifth respondent and his mother filed W.P.No.18016 of 2020 suppressing the Government order and the said writ petition is pending and have also put up constructions in the subject land and tried to get electricity service connection. The petitioners submitted their objections to the fourth respondent not to give EB Service Connection in _________Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021favour of the fifth respondent and his mother and also submitted a detailed objection to the respondents 1 to 4 on 28.08.2020 and the petitioners have also set the criminal law on motion and made a complaint to the Superintendent of Police, Coimbatore District and the Inspector, Land Grabbing Cell, DCB, Coimbatore has issued summons to the fifth respondent and his mother and enquiry was ordered and the same is pending.4. The petitioners got a communication from the Chief Engineer/Distribution, Coimbatore dated 05.12.2020 stating that necessary action would be taken on his complaint and the details will be intimated to the first respondent. However, the petitioners, apprehending that the fourth respondent may give power connection for the construction made in the subject property, have filed this writ petition to forbear the respondents 1 to 4 from effecting or giving any EB service connection in favour of the fifth respondent for the construction illegally put in the lands of the petitioners, measuring an extent of 1.38 acres in Survey No.125/1A, which is sub-divided as Survey Nos.125/1A1 and 125/1A2 in Patta Nos.90 _________Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021and 314, Jallipatti Village, Sulur Taluk, Coimbatore District. 5. The learned counsel appearing for the petitioners submits that for the very same subject property, the petitioners have already filed a suit in O.S.No.106 of 2022 before the Sub Court, Coimbatore and the same is pending. Hence, this Court may grant liberty to the petitioners to canvass all the grounds raised in this petition before the civil Court. 6. Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the respondents 1 to 4 and the learned counsel appearing for the fifth respondent.7. In view of the limited request made by the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, grants liberty to the petitioners and the fifth respondent to canvass all the grounds raised in this petition before the Civil Court where the civil suit is pending.8. Accordingly, this Writ Petition is disposed of. There shall be no _________Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021order as to costs. Connected miscellaneous petition is closed. 17.10.2025NCC: Yes / NoIndex : Yes / NoSpeaking Order : Yes / Nossb_________Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021To1. The Superintending Engineer, Palladam Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palladam, Coimbatore District.2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palladam Electricity Distribution Circle, Palladam Taluk, Coimbatore District-641 664.3.The Assistant Executive Engineer (Rural), Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Palladam Electricity Distribution Circle, Palladam Taluk, Coimbatore District-641 664.4.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), (O & M)/Jallipatti, Sulur Taluk, Coimbatore District-641 671_________Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.4980 of 2021M.DHANDAPANI, J.ssbW.P.No.4980 of 202117.10.2025_________Page 10 of 10