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2025 DAILYLAW 100433 (MAD)

C.MANIMURUGAN v. THE SUPERINTENDING ENGINEER

WP/34688/2024 · 2025-02-17

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.34688 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2025 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.34688 of 2024 C.Manimurugan .. Petitioner Versus 1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Cuddalore. 2. The Executive Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhachalam, Cuddalore District. 3. The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Mudhanai, Virudhachalam Taluk, 1/7 https://www.mhc.tn.gov.in/judis W.P.No.34688 of 2024 Cuddalore District. 4. Rajaselvam .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the order, dated 17.10.2024 made in Ka.No.Sepo/O & M/Virdu/va Oo/Ko. Manu/A.No.268/24 on the file of the second respondent herein and quash the same and consequently, direct the respondents 1 to 3 herein to effect electric service connection for the petitioner's house forthwith. For Petitioner : Mr.C.Munusamy For Respondents : Mr.L.Jai Venkatesh, for RR-1 to 3 : No Appearance for R4 ORDER This Writ Petition is filed for a Certiorarified Mandamus calling for the records relating to the order, dated 17.10.2024 on the file of the second respondent herein and to quash the same and to direct the respondent Nos.1 to 3 to effect the electricity service connection for the petitioner's house. 2. The grievance of the petitioner is that the petitioner is seeking for 2/7 https://www.mhc.tn.gov.in/judis W.P.No.34688 of 2024 an electricity connection for his own house in S.No.181/2E1A, 2E. When the connection was about to be effected, on the mere objection of the fourth respondent, the connection was not given. 3. When the matter is taken up for hearing, Mr.L.Jai Venkatesh, learned Counsel for the respondent Nos.1 to 3 would submit that upon the application of the petitioner for effecting the connection, they have to place the pole in S.No.261/6. When the fourth respondent objected to for placing the pole in the said survey number, they sought for clarification from the revenue authorities. 4. The revenue authorities issued the clarification on 09.01.2024 stating that the said S.No.261/6 is classified as Natham Sandhu. Even thereafter, when they went to effect the connection, again, the fourth respondent started objecting and it is pending at that stage only. 3/7 https://www.mhc.tn.gov.in/judis W.P.No.34688 of 2024 5. Even the fourth respondent is served with notice, none appears for the fourth respondent. 6. It can be seen that when the property is classified as natham sandhu and it is used as a common pathway, then, the fourth respondent cannot claim exclusive right in respect of the said land. Therefore, it would be very well open to the respondent Nos.1 to 3 to place the pole in the appropriate place and effect the electricity connection. The respondent authorities shall do so within a period of four weeks from the date of receipt of a web-copy of this order without waiting of a certified copy of this order. If there is any further objection, then, the authorities shall also intimate about the same by enclosing a copy of this order to the Inspector of Police, Oomangalam Police Station, Neyveli Sub-Division, Cuddalore district and the said Police can also give protection if there is any undue objection on behalf of the fourth respondent. 4/7 https://www.mhc.tn.gov.in/judis W.P.No.34688 of 2024 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 17.02.2025 Neutral Citation : no grs To 1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Cuddalore. 2. The Executive Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhachalam, Cuddalore District. 3. The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Mudhanai, Virudhachalam Taluk, Cuddalore District. 5/7 https://www.mhc.tn.gov.in/judis W.P.No.34688 of 2024 D.BHARATHA CHAKRAVARTHY, J. grs W.P.No.34688 of 2024 6/7 https://www.mhc.tn.gov.in/judis W.P.No.34688 of 2024 17.02.2025 7/7 https://www.mhc.tn.gov.in/judis