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Madras High CourtWP/911/2026disposed of

M. Mohan v. The Assistant Executive Engineer

2026-01-12Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP.No.1111 of 2026 M.Mohan S/o. late Munirathnam No.2/725, Desingh Nagar Mookandapalli- 635 126 Hosur Taluk, Krishnagiri District.

..Petitioner(s) Vs

1. The Assistant Executive Engineer (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Ltd., SIPCOT -635 126, Hosur Taluk Krishnagiri District.

2. The Assistant Engineer (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Ltd., SIDCO- 635 126, Hosur Taluk Krishnagiri District.

3. Thrisanku S/o.Sundaresan, 4/21-A, Chinnatti Village, Jankeri- 635 113, Tenkanikotta Taluk, Krishnagiri District.

..Respondent(s) __________Page 1 of 6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order made in Lr. AE/O&M/SIDCO/File. Mi.Thu/A No. No.061/ 2025 dated Nil -12- 2025, passed by the 2nd respondent, quash the same and consequently forbear the respondents from interfering with the petitioner right to use the EB Service Connection No.067-002-796 in compliance with the direction given in the final order dated 23.07.2025 made in W.P. No.21172 of 2017 passed by this Honble court. For Petitioner(s):

Mr.S.Shrish For Respondent(s):

Mr.S.Madhusudhanan for R1 & R2

ORDER

The present writ petition has been filed for the following relief : " To issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order made in Lr. AE/O&M/SIDCO/F.E.D./A. No.061/ 2025 dated Nil -12- 2025, passed by the 2nd respondent, quash the same and consequently forbear the respondents from interfering with the petitioner right to use the EB Service Connection No.067-002-2485 in compliance with the direction given in the final order dated 23.07.2025 made in W.P. No.21172 of 2017"

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2. The case of the petitioner is that a property measuring an extent of 1.10 acres in SF.Nos.4/2A, 4/2B and 4/2C of Motham Agraharam Village is a no man's land. The petitioner herein along with 150 families have occupied the entire subject property in the year 1990, and had put up construction. The subject property was assessed to property tax. The petitioner along with his family had been living in the subject property for more than 30 years and the service connection No.067-002-796 for his property stands in the name of the petitioner.

3. The petitioner would submit that the third respondent herein claiming himself to be the owner of the property in SF.No.4/2A, had requested the second respondent to disconnect the electricity service connection given in the subject property. His request was turned down by the second respondent vide his letter dated 02.03.2017. Aggrieved by the same, the third respondent herein had approached this Court in W.P.No.21172 of 2017, to disconnect the EB service connection granted to the occupants of the subject property, describing them as trespassers. This Court by its order dated 23.07.2025, had held that if the third respondent claims that the occupants therein are the trespassers of the property, and for evicting them, the appropriate remedy open to him was to approach the civil Court and thereupon, the petitioner can approach the __________Page 3 of 6

TANGEDCO for disconnecting the service connection.

4. The petitioner's contention is that the third respondent with an oblique motive to evict the petitioner and other occupants from the subject property, had approached the second respondent herein. The second respondent without even carefully reading the orders passed by this Court in W.P.No.21172 of 2017, had passed the impugned order, as if this Court had directed them to disconnect the electricity service connection in No.067-002-802. Hence, the petitioner is before this Court to quash the impugned order passed by the second respondent.

5. Heard the learned counsel for the petitioner and the Mr.S.Madhusudanan, learned Standing Counsel appearing of behalf of respondents 1 and 2 and this Court also perused the materials placed before it.

6. Mr.S.Madhusudanan, learned Standing Counsel appearing for the respondents 1 and 2, on instructions would submit that the respondentsTANGEDCO is withdrawing the impugned notification issued by them, with regard to disconnecting the electricity survey connection of the petitioner's subject property.

7. Recording the same, the writ petition is disposed of. The respondents / __________Page 4 of 6

TANGEDCO are directed to withdraw the impugned notice within a period of one week from today. The respondents - TANGEDCO shall not await for the order copy of the Court, as the orders are pronounced today in the presence of the Standing Counsel for the TANGEDCO. No costs. Consequently, connected miscellaneous petition is closed.

12-01-2026 Index: Yes/No Speaking/Non-speaking order DS To:

1. The Assistant Executive Engineer (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Ltd., SIPCOT -635 126, Hosur Taluk Krishnagiri District.

2.The Assistant Engineer (Operation and Maintenance) Tamil Nadu Generation and Distribution Corporation Ltd., SIDCO- 635 126, Hosur Taluk Krishnagiri District.

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P.T.ASHA, J.

DS 12-01-2026 __________Page 6 of 6