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2025 DAILYLAW 30456 (MAD)

B.PRABHU v. THE EXECUTIVE ENGINEER

WP/7079/2025 · 2025-07-25

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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Writ Petition No.7079 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.07.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.7079 of 2025 B.Prabhu S/o.E.C.Balasubramaniam Petitioner Vs 1.The Superintending Engineer, Erode Distribution Circle, TANGEDCO, E.V.N.Road, Erode - 638 009. 2.The Executive Engineer, TANGEDCO, Operation & Maintenance (Urban), No.948, E.V.N.Road, Erode - 638 009. 3.The Assistant Engineer, Operation and Maintenance/Thindal, TANGEDCO, No.B1, 355, Vidhya Nagar, Mel Thindal, Thindal Post, Erode - 638 012. 4.M.Ranjithkumaran S/o.P.Maniraj Respondents Writ Petition filed under Article 226 of the Constitution of 1/4 https://www.mhc.tn.gov.in/judis Writ Petition No.7079 of 2025 India seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to install electric poles on the 30 feet road which is on the northern side of the petitioner's plot and effect service connection to the petitioner in Application No.2000400608241233. For Petitioner : Mr.V.P.Sengottuvel, Senior Counsel for Mr.K.R.Nishanth For Respondents : Mr.I.Syed Sibghatulla [R1 to R3] Mr.V.R.Vishnu for Mr.Avinash Wadhwani, Standing Counsel [R4] ***** O R D E R This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 to 3 to install the electric poles at 30 feet road which is on the northern side of the petitioner's plot and effect service connection to the petitioner based on the application submitted by the petitioner. 2. Heard Mr.V.P.Sengottuvel, learned Senior Counsel appearing for petitioner and Mr.I.Syed Sibghatulla, learned counsel for respondents 1 to 3 and Mr.V.R.Vishnu, learned counsel appearing for fourth respondent. 3. Learned Standing Counsel appearing on behalf of respondents 1 to 3 submitted that the electricity board is willing to install 2/4 https://www.mhc.tn.gov.in/judis Writ Petition No.7079 of 2025 the electric poles and provide service connection to the petitioner. However, the same is objected by the fourth respondent. 4. Learned counsel for the fourth respondent submitted that the subject property i.e. R.S.No.50/2 is a Nilaviyal Pathai and the same cannot be utilized for the purpose of installing electric poles. 5. In the considered view of this Court, the dispute regarding the Nilaviyal Pathai in R.S.No.50/2 was already agitated by the predecessor in title of the fourth respondent and the case ultimately ended up before this Court in S.A.No.1994/1999 through judgment dated 21.12.2020. Thus, the right over the subject property has reached its finality and thereafter, the fourth respondent cannot be permitted to endlessly continue raising disputes. 6. In the light of the above discussion, there shall be a direction to the respondents 1 to 3 to install the electric poles on the 30 feet road and effect service connection to the petitioner based on the application N.ANAND VENKATESH, J gm submitted by the petitioner. This process shall be completed by the 3/4 https://www.mhc.tn.gov.in/judis Writ Petition No.7079 of 2025 respondents 2 and 3 within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs. 25.07.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Superintending Engineer, Erode Distribution Circle, TANGEDCO, E.V.N.Road, Erode - 638 009. 2.The Executive Engineer, TANGEDCO, Operation & Maintenance (Urban), No.948, E.V.N.Road, Erode - 638 009. 3.The Assistant Engineer, Operation and Maintenance/Thindal, TANGEDCO, No.B1, 355, Vidhya Nagar, Mel Thindal, Thindal Post, Erode - 638 012. Writ Petition No.7079 of 2025 4/4 https://www.mhc.tn.gov.in/judis