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2026 DAILYLAW 49885 (MAD)

S.NEELVATHI v. Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO)

WP/26377/2026 · 2026-07-09

Mohammed Shaffiq

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 26377 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 26377 of 2026 S.Neelavathi Plot No.4, No.2, Lakshmi Nagar Extension, Salamangalam, Padappai, Salamangalam, Kancheepuram District. ..Petitioner(s) Vs Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Rep. by the Assistant Executive Engineer (O AND M), Padappai Distribution Circle, Padappai, Kancheepuram District – 601 301. ..Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to forthwith grant electricity service connection to the petitioner’s house at Plot No.4, No.2, Lakshmi Nagar Extension, Salamangalam, Padappai, Kancheepuram District, by considering and passing necessary orders on the application of the petitioner dated 19.03.2026. For Petitioner(s): Mr.K.Selvaraj For Respondent(s): Mr.L.Jaivenkatesh, Standing Counsel https://www.mhc.tn.gov.in/judis WP No. 26377 of 2026 __________ Page2 of 6 Order This Writ Petition has been filed seeking a direction to the respondent to forthwith grant electricity service connection to the petitioner’s house at Plot No.4, No.2, Lakshmi Nagar Extension, Salamangalam, Padappai, Kancheepuram District, by considering and passing necessary orders on the application of the petitioner dated 19.03.2026. 2. Learned counsels for petitioner as well as respondent would submit that the issue stands covered by series of orders of this Court, one of them, being W.P.No.28435 of 2025 dated 01.08.2025, wherein, it was held as under: “6. This Court has taken into consideration such objections raised by the Electricity Department and has directed in such cases to get an indemnity bond along with the required fees from the applicant and also made it clear that providing such electricity supply will not in any manner confer any right to the occupant of the property. Useful reference can be made to the orders passed in T.M.Prakash and Ors. Vs. The District Collector and the Superintending Engineer, Tamil Nadu Electricity Board reported in (2013) 6 CTC 849 and G.Murugan Vs. The Chairman, Tamil Nadu Electricity Board and Ors reported in (2014) 3 MLJ 851. 7. In the considered view of this Court, no Tahsildar will issue a NOC to enable an encroacher to get electricity service connection. It is under such circumstances, this Court directed the department to get the indemnity bond along with the necessary fees. When many such orders were https://www.mhc.tn.gov.in/judis WP No. 26377 of 2026 __________ Page3 of 6 passed, it was also complied with and service connection was granted. Therefore, the petitioner cannot be treated differently. It is seen from records that the petitioner has been in possession and enjoyment of the property for the past 10 years and there are documents to show that the petitioner is in possession and occupation of the property. 8. In the light of the above discussion, there shall be a direction to the petitioner to submit a fresh on-line application to the respondent along with the necessary particulars. On receipt of the same, the third respondent shall get an indemnity bond from the petitioner along with the required fees and thereafter, service connection shall be granted. The respondent before granting the service connection shall ascertain as to whether the possession of the petitioner which should be submitted by valid documents. It is made clear that providing such service connection will not in any way confer any right to the petitioner over the property.” 3. Before proceeding further, it may be relevant to extract the provisions of Clause 27(12) of the Tamil Nadu Electricity Distribution Code. The said provision is as follows: “27. Requisitions for Supply of Energy :- (12) Supply shall be given in poromboke land on production of necessary documents as per the directive from the Government from time to time.” https://www.mhc.tn.gov.in/judis WP No. 26377 of 2026 __________ Page4 of 6 4. A reading of the above provision makes it clear that electricity supply to Poromboke land shall be given only on production of a ‘no objection certificate’ obtained from the concerned officer of the Government of Tamil Nadu. Though it appears to be prerequisite, it is only for the purpose of granting the electricity service connection that such production is insisted upon. However, as could be seen from the order relied upon by the petitioner, this Court has taken a consistent view that even if ‘no objection certificate’ is not obtained and despite non-furnishing of ‘no objection certificate’, the encroacher can get electricity service connection. This Court also finds that no appeal has been preferred against any such order. Thus, it is seen that Electricity Board has accepted the view / opinion of the Court. 5. In such view of the matter, this Court is inclined to pass the following direction: “In the light of the above discussion, there shall be a direction to the petitioner to submit a fresh on-line application to the respondent along with the necessary particulars. On receipt of the same, the respondent shall get an indemnity bond from the petitioner along with the required fees and thereafter, service connection shall be granted. The respondent before granting the service connection shall ascertain as possession of the petitioner which should be substantiated by valid documents. It is https://www.mhc.tn.gov.in/judis WP No. 26377 of 2026 __________ Page5 of 6 made clear that providing such service connection will not in any way confer any right to the petitioner over the property.” 6. Accordingly, this Writ Petition is disposed of. No costs. 09-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSK To The Assistant Executive Engineer (O AND M), Tamilnadu Generation and Distribution Corporation Ltd., (TANGEDCO), Padappai Distribution Circle, Padappai, Kancheepruam District - 601301. https://www.mhc.tn.gov.in/judis WP No. 26377 of 2026 __________ Page6 of 6 MOHAMMED SHAFFIQ J. GSK WP No. 26377 of 2026 09-07-2026 https://www.mhc.tn.gov.in/judis