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2025 DAILYLAW 86825 (MAD)

N.MEGANATHAN v. THE SECRETARY TO GOVERNMENT

WP/31885/2025 · 2025-08-25

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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Writ Petition No.31885 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 25.08.2025 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Writ Petition No.31885 of 2025 and W.M.P.No.35695 of 2025 N.Meganathan S/o.Narayanasamy ...Petitioner Vs. 1.The Secretary to Government, Department of Energy, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009. 2.The Superintending Engineer, Chengalpet Electricity Distribution Circle, TANGEDCO, No.130, GST Road, Chengalpattu – 603 001. 3.The Executive Engineer (O&M), Chengalpet Electricity Distribution Circle, 110, KV SS Complex, GST Road, Maraimalai Nagar, Chengalpattu – 603 209. 4.The Assistant Engineer – Maraimalai Nagar, 1/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31885 of 2025 Tamil Nadu Power Distribution Corporation Limited (TNPDCL), GST Road, Maraimalai Nagar, Chengalpattu – 603 209. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the fourth respondent in cancellation of application reference number 20009704072542 dated 05.08.2025, quash the same and consequently, direct the fourth respondent to provide new electricity service connection to the petitioner's house at No.6, Tank Street, Kalivanthapattu, Chengalpattu, in accordance with law. For Petitioner : Mr.M.Deivanandam For Respondents : Mr.E.Vijay Anand Additional Government Pleader [R1] Mr.L.Jaivenkatesh Standing Counsel [R2 to R4] ***** O R D E R This writ petition has been filed challenging the impugned proceedings of the fourth respondent dated 05.08.2025 wherein the application submitted by the petitioner seeking for service connection was rejected and for a consequential direction to the fourth respondent to provide new electricity service connection to the house belonging to the petitioner. 2. Heard Mr.M.Deivanandam, learned counsel for petitioner, 2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31885 of 2025 Mr.E.Vijay Anand, learned Additional Government Pleader appearing for first respondent and Mr.L.Jaivenkatesh, learned Standing Counsel appearing for respondents 2 to 4. 3. The case of the petitioner is that he and his brother are joint owners of the property and his brother has constructed a house in his share of the property and obtained service connection. The petitioner also wanted to put up construction in his share of the property and applied for service connection. However, the said application was rejected on the ground that the petitioner's brother has given objection. Aggrieved by the same, the present writ petition has been filed. 4. When the matter was taken up for hearing today, learned Standing Counsel appearing on behalf of the respondents produced the written instructions received from the fourth respondent. On going through the same, it is seen that the application given by the petitioner was rejected mainly on the ground that the same was objected by the co-owner. In the considered view of this Court if the co-owner has put up construction and has received separate 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31885 of 2025 service connection, he cannot have any objection for the petitioner getting service connection for his building, which was constructed in his share of the property. Therefore, if there was any objection from the brother of the petitioner, the same should have been enquired and the respondents should have ascertained as to whether the petitioner's brother had got service connection for his share. If that is so, the same yardstick should have been applied to the petitioner also. 5. In the light of the above discussion, the impugned proceedings of the fourth respondent dated 05.08.2025 is hereby quashed and there shall be a direction to the petitioner to make a fresh online application to the fourth respondent by paying necessary fee and by providing all the particulars and the fourth respondent, on receipt of the same, shall ascertain as to whether the petitioner's brother was given a separate service connection for his share. If that is so, the application given by the petitioner shall be considered positively. The entire process shall be completed within a period of four (4) weeks from the date of receipt of the fresh online application from the petitioner. 4/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31885 of 2025 This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 25.08.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No gm To 1.The Secretary to Government, Department of Energy, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009. 2.The Superintending Engineer, Chengalpet Electricity Distribution Circle, TANGEDCO, No.130, GST Road, Chengalpattu – 603 001. 3.The Executive Engineer (O&M), Chengalpet Electricity Distribution Circle, 110, KV SS Complex, GST Road, Maraimalai Nagar, Chengalpattu – 603 209. 4.The Assistant Engineer – Maraimalai Nagar, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), GST Road, Maraimalai Nagar, Chengalpattu – 603 209. N. ANAND VENKATESH, J. 5/6 https://www.mhc.tn.gov.in/judis Writ Petition No.31885 of 2025 gm Writ Petition No.31885 of 2025 25.08.2025 6/6 https://www.mhc.tn.gov.in/judis