High Court · 2025

W.P. No.42740 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11.11.2025CORAM:THE HON'BLE MR. JUSTICE M.DHANDAPANIW.P. No.42740 of 2025andW.M.P. No.47807 of 2025D.Chinnammal... Petitioner-Vs-1. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Sendamangalam, Sendamangalam Taluk, Namakkal District.2. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Thirumalaipatti, Thirumalaipatti Post, Sendamangalam Taluk, Namakkal District.3. R.Kamaraj4. K.Manikandan...Respondents1/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd Respondent, dated 02.11.2024 in Na.Ka. A.E/D&M/Thirumalaipatti/Go/A.No. 087/24-25 cancelling Petitioner Application No. 200042191024201, dated 10.10.2024, quash the same and consequently, direct the official Respondents herein to provide new domestic service connectivity forthwith to the premises of the Petitioner situated in Door No. 18/57-1, Nagamanayakkanur, Thirumalaipatti Village & Post, Sendamangalam Taluk and Namakkal District comprised in Survey No. 262/5B1, based on the Petitioner's online application bearing Reference No. 200042190925118, dated 05.09.2025.For petitioner : Mr.C. MahendranFor respondents : Mr.S. Kalaiselvan for R1 & R2 R3 and R4 – Notice dispensed with.- - - - - - ORDERThis writ petition has been filed to call for the records relating to the impugned order passed by the 2nd respondent dated 02.11.2024 in Na.Ka.A.E/D&M/Thirumalaipatti/Go/A.No.087/24-25, whereby the petitioner’s 2/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025Application No.200042191024201 dated 10.10.2024 was cancelled, quash the same and consequently direct the official respondents to provide new domestic service connection forthwith to the petitioner’s premises situated at Door No.18/57-1, Nagamanayakkanur, Thirumalaipatti Village & Post, Sendamangalam Taluk, Namakkal District, comprised in Survey No.262/5B1, based on the petitioner’s subsequent online application bearing Reference No.200042190925118 dated 05.09.2025.2. It is stated that the petitioner is the absolute owner of land situated in Old Survey No.262/5B, measuring 46 cents, in Nagamanayakkanur, Thirumalaipatti Village & Post, Sendamangalam Taluk, Namakkal District. The said property was registered on the file of Sub-Registrar Office, Puduchathiram, Namakkal District, vide Document No.651 of 1993 dated 24.11.1993. It is further submitted that a joint patta stands in the names of the petitioner and the private respondents.3. It is averred that the petitioner intends to construct a residential house in S.No.262/5B1 and therefore she submitted an online application dated 3/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 202510.10.2024 before the 2nd respondent seeking domestic electricity service connection, enclosing all necessary supporting documents. Pursuant thereto, the 2nd respondent conducted a field inspection and by order dated 02.11.2024 rejected the application on the ground that the private respondents, who are joint patta holders, had raised objections. Subsequent to the rejection, the petitioner submitted another online application on 05.09.2025. Aggrieved by the rejection order dated 02.11.2024 issued by the 2nd respondent, the petitioner has filed the present writ petition seeking to quash the same and for a direction to consider the fresh online application dated 05.09.2025.4. Learned counsel for the petitioner submitted that all requisite documents were enclosed along with the petitioner’s online application and the revenue records stand in petitioner's name. He contended that the rejection order dated 02.11.2024 was issued by the 2nd respondent merely on the basis of objections raised by the joint patta holders, without proper application of mind. Hence, the impugned order dated 02.11.2024 is liable to be set aside, and appropriate directions may be issued to the 2nd respondent to consider the 4/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025petitioner’s subsequent application dated 05.09.2025.5. Learned counsel for the official respondents submitted that the 2nd respondent conducted field inspection and thereafter rejected the application based on the objections raised by the private respondents. He further submitted that there exists one common pathway for both the petitioner and the private respondents, and therefore service connection was refused. In view of the above, he prayed for issuance of appropriate directions from this Court. 6. Heard the learned counsel for the petitioner and the learned counsel for the official respondents. Since no adverse orders are passed against the private respondents, notice to them is dispensed with.7. Admittedly, the petitioner and the private respondents are joint patta holders. It is also not in dispute that the petitioner intends to construct a house in her own portion of the property. On a perusal of the records, it is evident that the distance between the existing EB pole and the petitioner's premises is about 100 feet, and therefore, erection of a new pole is required to effect service connection. However, the impugned order has been passed solely based on the 5/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025objections raised by the private respondents, who have not produced any restraint order from a competent civil court. Thus the impugned order has been issued without application of mind and non-est in law. 8. It is settled position that unless the private respondents produce a restraint order from a competent Civil Court, the Electricity Board cannot withhold electricity service connection to the petitioner's premises, merely based on objections. Therefore, the 2nd respondent has to act strictly in accordance with the Tamil Nadu Electricity Supply Code and cannot refuse service connection on the ground of objections raised by the private respondents. 9. In view of the above, the impugned order dated 02.11.2024 passed by the 2nd respondent is hereby set aside and the following directions are issued :-a) The 2nd respondent shall consider the petitioner’s fresh online application dated 05.09.2025 and conduct a field inspection afresh to ascertain the feasibility of providing electricity service connection to the petitioner’s premises.6/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025b) After conducting field inspection, the 2nd respondent shall pass orders on orders on merits and in accordance with law, after providing opportunity to the petitioner as well as private respondents.c) It is made clear that the 2nd respondent shall consider and dispose of the petitioner's application dated 05.09.2025, strictly in accordance with the Tamil Nadu Electricity Supply Code and thereafter provide electricity service connection to the petitioner's premises. d) The above exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.10. The writ petition stands disposed of with the aforesaid observations and directions. No costs. Consequently, connected miscellaneous petition is closed.11.11.2025Index:Yes/No7/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025Speaking/Non-speaking orderNeutral Citation : Yes/Novsi2M.DHANDAPANI, J.vsi2To 1. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Sendamangalam, Sendamangalam Taluk, Namakkal District.2. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Thirumalaipatti, Thirumalaipatti Post, 8/9 https://www.mhc.tn.gov.in/judis W.P. No.42740 of 2025Sendamangalam Taluk, Namakkal District.W.P. No.42740 of 2025andW.M.P. No.47807 of 202511.11.20259/9