W.P.(MD) No.17650 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025 CORAM THE HON'BLE MR.JUSTICE C. SARAVANAN W.P.(MD) No.17650 of 2025 and W.M.P.(MD) Nos.13483 and 13484 of 2025 A.Vellayan ... Petitioner Vs. 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Metro, Mannarpuram, Trichy District. 2.The Executive Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation, Musiri Division, Trichy District. 3.The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation, Kilakudi, Trichy District. 4.D.Thangarasu ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 impugned order made in Ka.No.Nk.g.ngh/jp.kp.g.t/ngU/jp/knjhm/Nfh.kD/986/2024 dated 08.10.2024 issued by the 1st respondent, quash the same as illegal and consequently direct the respondents No.1 to 3 to take action and prevent misuse of free Electricity in free electricity Service Connection No.29 (New No.29900229 (Tariff-LM-41) in S.F.No.435/4 of Appanallur Village, Thootiyam Taluk, Trichy District, by the 4th respondent to irrigate the 4th respondent's lands in S.F.Nos.437/1B, 436/1, 436/2, 436/3, 436/4 of Appanallur Village, Thottiyam Taluk, Trichy District within the time frame that may be fixed by this Court. For Petitioner : Mr.A.N.Ramanathan For RR1 to 3 : Mr.S.Deenadhayalan Standing Counsel ORDER The petitioner is the owner of the land in S.F.Nos.435/4 and 435/5 of Appanallur Village, Thottiyam Taluk, Trichy District measuring an extent of 2.35 acres. An irrigating well and 3HP motor along with free electricity connection was in S.F.No.435/4 from the year 1971. The land originally belonged to one Kandasamy, who had executed a Will in favour of his son Periyasamy on 03.07.1974. It appears that after the death of Kandasamy, _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 Periyasamy and his legal heirs inherited the land pursuant to the aforesaid Will dated 03.07.1974, who in turn, sold the same to one Shanmugam on 29.03.1992. The petitioner, in turn, purchased the land with 2/3rd right in the well. The land in S.F.Nos.435/4 and 435/5 was endowed with an electricity connection in Service Connection No.29, which is a free electricity connection for the well in S.F.No.435/4. It appears that the same vendor had also purchased another parcel of land in S.F.Nos.436/1, 436/2, 436/3 and 436/4 measuring a total extent of 3.82 acres. The land in these survey numbers was also endowed with a separate free electricity connection viz., Service Connection No.27. 2. It is the case of the petitioner that the fourth respondent was drawing water from the well in S.F.No.435/4 measuring an extent of 1.16 acres, even though the electricity connection in S.C.No.29 had been transferred in favour of the petitioner as early as on 03.06.2023 pursuant to the purchase made by him on 23.01.2023 together with 2/3rd right over the well. It is the case of the petitioner that the respondents are duty bound to protect the theft of free electricity by the fourth respondent. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 3. The first respondent by his impugned communication dated 08.10.2024 considered the representation of the petitioner and has stated as follows: 4 Nkw;nfhz;l eltbf;if gw;wpa tptuk; jhq;fs; 18.09.2024 md;W Krpwp Nfhl;lk;> njhl;baj;jpy; eilngw;w cq;fisj; Njb cq;fs; Chpy; rpwg;G Kfhkpy; jhq;fs; khtl;l Ml;rpj; jiyth; jpUr;rp mth;fsplk; mspj;j kDtpd; mbg;gilapy; jq;fsJ ,lj;jpid c.kp.ngh/,&fh/nfhsf;Fb gphpT mYtyuhy; Ma;T nra;ag;gl;ljpy; mt;tplj;jpy; tptrha kpd; ,izg;G cs;sJ. mjpy; jq;fSf;Fk; jq;fuhR Mfpa ,UtUf;Fk; tUtha; Mtzq;fs; %yk; $l;L cs;sJ vd fz;lwpag;gl;Ls;sJ. NkYk; jq;fuhR mth;fsplk; tprhuid Nkw;nfhz;lNghJ Rkhh; 10 Mz;LfSf;F Nkyhf jdf;F ,k;kpd; ,izg;gpy; $l;L cs;sJ vd;Wk; jdf;F ghj;jpag;gl;l kpd; ,izg;gpypUe;J ghj;jpag;gl;l epyj;jpw;F jz;zPh; gad;gLj;j chpik cs;sJ vd;Wk; njhptpj;jhh;. mjw;fhd tUtha; Mtzq;fisAk; rkh;gpj;Js;shh;. vdNt $l;Ljhuh;fSf;fpilNa cs;s fUj;J NtWghLfis jhq;fNs epth;j;jp nra;Jnfhs;SkhW md;Gld; njhptpj;Jf; nfhs;sg;gLfpwJ. 4. In para No.5 to the impugned order, the first respondent has called upon the petitioner to work out the remedy before a civil Court. 5. I have considered the arguments advanced by the learned counsel _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 for the petitioner and the learned Standing Counsel for the respondent- Electricity Board. Notice on the fourth respondent is dispensed with, as no adverse orders are proposed to be passed against the fourth respondent at this stage in this writ petition. 6. Admittedly, the petitioner has purchased land measuring an extent of 2.35 acres on 23.01.2023 together with 2/3rd rights in the well which includes 2/3rd rights in the free electricity connection viz., S.C.No.29. Thus, the vendor retained 1/3rd right over the connection given for agricultural purposes for the land in S.No.435/4 in view of the restrictions in the sale deed dated 23.01.2023. It may give a right to the private respondent pursuant to sale of land in S.F.Nos.436/1, 436/2, 436/3 and 436/4 with 1/3rd right in favour of the fourth respondent by Shanmugam, who had purchased the land from the legal heirs of Kandasamy on 29.03.1994. The modalities for sharing the rights pursuant to the restricted rights given to the petitioner pursuant to the sale deed dated 23.01.2023 and these purchases made by the fourth respondent in S.F.Nos.436/1, 436/2, 436/3 and 436/4 to an extent of 3.82 acres would require a total consideration by a civil Court. Therefore, this _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 Writ Petition is liable to be dismissed. Therefore, liberty is given to the petitioner to work out his remedy before the civil Court. 7. With the above liberty, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 30.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes ABR _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, Metro, Mannarpuram, Trichy District. 2.The Executive Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation, Musiri Division, Trichy District. 3.The Assistant Engineer, Operation & Maintenance, Tamil Nadu Generation and Distribution Corporation, Kilakudi, Trichy District. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.17650 of 2025 C. SARAVANAN , J. ABR W.P.(MD) No.17650 of 2025 30.06.2025 _________ https://www.mhc.tn.gov.in/judis