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2024 DAILYLAW 3374 (MAD)

M.PALANIAPPAN v. THE SUPERINTENDING ENGINEER,(TANGEDCO)

WP/20549/2024 · 2026-03-04

M Dhandapani

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 20549 of 2024 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 20549 of 2024 M.Palaniappan Son Of Late,Muthusamy Gounder, D.N0.312,Elanthakuttai, Kurumbalamahadevi, Jedarpalayam - 637213,Namakkal District. ..Petitioner(s) Vs 1. The Superintending Engineer,(tangedco) Tiruchengode Road, Namakkal. 2. The Executive Engineer,(tangedco) Operation And Maintenance, Paramathy Velur, Namakkal. 3. The Assistant Executive Engineer,(tangedco) Nalur, Paramathy Velur, Namakkal 4. The Assistant Engineer,(tangedco) Operation And Maintenance, Solasiramani Section, Paramathy Velur, Namakkal. 5. The Assistant Engineer,(tangedco) Operation And Maintenance, Jedarpalayam Section, Paramathy Velur, Namakkal. 6. K.Kuppusamy Son Of Karupanna Gounder, Residing At Rakkiyan Kuttai, E.Nallagoundampalayam, Jaminillampalli Post, Paramathy Velur Taluk, Namakkal. 7. K.Kandhasamy Son Of Kumarappa Gounder, Residing At Athikadu, Jaminillampalli Post, Paramathy Velur Taluk, Namakkal. https://www.mhc.tn.gov.in/judis WP No. 20549 of 2024 __________ Page2 of 6 8. S.Kaliappan (deceased) Son Of Sengoda Gounder, Resiging At Vellapurakadu, Kurumbalamahadevi Post, Paramathy Velur Taluk, Namakkal. 9. Palaniammal, Wife Of S.Kaliappan, Vellapurakadu, Kurumbalamahadevi Post, Paramathy Velur Taluk, Namakkal. 10.K.Loganathan, Son Of S.Kaliappan, Vellapurakadu, Kurumbalamahadevi Post, Paramathy Velur Taluk, Namakkal.(r9 And R10 Are Substituted As Lrs Of Deceased R8, As Per Order Dated 05.03.2025 In Wmp.7955/2025 In Wp.20549/2024 By Dbcj) ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the entire records of the Impugned Order in Ka.No.A.E/Operation and Maintenance/Jedarpalayam/Ko-Kattu/No.056-24.25 dated 27.05.2024 passed by the 5th Respondent and to quash the same as illegal,incompetent,against the rules and regulations of Board and Consequently directing the Respondents-1 to 5,immediately to effect the service connection to me under the Agricultural free scheme for SF No.266/2,in Jamin Ellampalli Village,Paramathy Velur Taluk,Namakkal District. For Petitioner(s): Mr.Ma.Pa.Thangavel for Mr.M.Lokesh For Respondent(s): Mr.S.Kalaiselvan,for R1 To R5 No Appearance for R-6, 7, 9 & 10 https://www.mhc.tn.gov.in/judis WP No. 20549 of 2024 __________ Page3 of 6 ORDER The Impugned Order in Ka.No.A.E/Operation and Maintenance/Jedarpalayam/Ko-Kattu/No.056-24.25 dated 27.05.2024 passed by the fifth respondent, is put under challenge in the present Writ Petition. Consequently, the petitioner has sought for a direction to the respondents 1 to 5, immediately to effect the service connection to him under the Agricultural free scheme for SF No.266/2,in Jamin Ellampalli Village,Paramathy Velur Taluk,Namakkal District. 2. Heard the learned counsels appearing on either side. 3. It is the case of the petitioner that the petitioner purchased the subject property from his vendor in the year 2004, where his vendor had applied for agricultural fee service connection of 5-HP for open well situated in the said property on 30.07.1986. The second respondent on 14.10.2009 requested to register the readiness with directions for any change in the owner’s name and sub divisions if any, for which the petitioner submitted a letter dated 29.11.2010 along with documents and subsequently, poles were erected by the third respondent for service connection. While so, the fourth respondent transferred the application of the petitioner to the fifth respondent intimating about not feasibility of giving connection on 30.06.2023. Thereafter, the petitioner sent https://www.mhc.tn.gov.in/judis WP No. 20549 of 2024 __________ Page4 of 6 representation to the respondents on 20.05.2024, for which the present impugned order has been passed by the fifth respondent, stating that the petitioner’s request for service connection was rejected on the ground of objection raised by the private respondents. Challenging the same, the present Writ Petition. 4. The learned counsel for the petitioner submitted that whenever an application is made for agricultural free electricity connection, it is the duty cast upon the official respondents to provide the same in terms of Supply Code and the same cannot be rejected merely on the ground of objection made by any private parties, as the same is unsustainable. He further submitted that this Court may issue a direction to the official respondents to effect service connection to the petitioner as per the procedure of Supply Code. 5. On perusal of the case reveals that the petitioner has applied for agricultural free electricity service connection to his open well as per the procedure but the same was rejected on the ground of some objections raised by the private respondents, which cannot be acceptable. The respondents ought to have followed the Supply Code so as to provide service connection to the petitioner as rightly contended by the learned counsel for the petitioner. In view of the same, the official respondents are directed to consider the representation of the petitioner dated 20.05.2024 in regard to agricultural free electricity https://www.mhc.tn.gov.in/judis WP No. 20549 of 2024 __________ Page5 of 6 service connection and to pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 04-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DP To 1. The Superintending Engineer,(tangedco) Tiruchengode Road, Namakkal. 2. The Executive Engineer,(tangedco) Operation And Maintenance, Paramathy Velur, Namakkal. 3. The Assistant Executive Engineer,(tangedco) Nalur, Paramathy Velur, Namakkal 4. The Assistant Engineer,(tangedco) Operation And Maintenance, Solasiramani Section, Paramathy Velur, Namakkal. 5. The Assistant Engineer,(tangedco) Operation And Maintenance, Jedarpalayam Section, Paramathy Velur, Namakkal. https://www.mhc.tn.gov.in/judis WP No. 20549 of 2024 __________ Page6 of 6 M.DHANDAPANI, J. DP WP No. 20549 of 2024 04-03-2026 https://www.mhc.tn.gov.in/judis