N.Basker v. The Superintendenting Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI N.Basker ... Petitioner Vs.

1.The Superintending Engineer, Tamilnadu Electricity Board, Perambalur District.

2.The Divisional Engineer, Tamilnadu Electricity Board, Ariyalur District.

3.The Assistant Engineer Operating & Maintenance, Tamilnadu Electricity Board, Andimadam, Ariyalur District.

4.S.Achutharao ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1 to 3 respondents by consider the representation of the petitioner dated 10.01.2023 not to grant separate electricity connection to the 4th respondent without considering the defective Patta held by the Thasildhar order dated 02.09.2021 with regard to the subject matter, which is subjudice in the pending trial of the suit in O.S.No.33 of 2022 on the file of the District Munsif Court, Jayangondam in accordance with law. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.D.Suresh Kumar Page No.1 of 4

Standing Counsel [R1 to R3] *****

ORDER

The petitioner has filed this Writ Petition seeking a direct upon the respondents 1 to 3 to consider his representation dated 10.01.2023 requesting not to grant separate electricity connection to the 4th respondent without considering the defective Patta held by the Thasildhar order dated 02.09.2021 with regard to the subject matter, which is subjudice in the pending trial of the suit in O.S.No.33 of 2022 on the file of the District Munsif Court, Jayangondam.

2. The case of the petitioner is that a suit in O.S.No.33 of 2022 was pending on the file of District Munsif Court, Jayangondam with the title in respect of a common well enjoyed by the petitioner, 4th respondent and others. In the meanwhile, the 4th respondent has applied for electricity service connection to the common well without impleading the petitioner. Objecting the same, the petitioner has made a representation dated 10.01.2023 to the respondents 1 to 3. Since the same was not considered, the petitioner has filed the above writ petition before this Court for appropriate orders. Page No.2 of 4

3. The issue arises in this writ petition has to be decided only by a competent Civil Court. This Court cannot go into the merits or otherwise the claim made by the petitioner.

4. Therefore, this Writ Petition is dismissed granting liberty to the petitioner to raise all of his grievances before the appropriate Civil Court. It is made clear that this Court has not expressed any opinion on the merits of the matter. No costs.

10.10.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Superintending Engineer, Tamilnadu Electricity Board, Perambalur District.

2.The Divisional Engineer, Tamilnadu Electricity Board, Ariyalur District.

3.The Assistant Engineer Operating & Maintenance, Tamilnadu Electricity Board, Andimadam, Ariyalur District.

Page No.3 of 4

M.DHANDAPANI, J.

sp 10.10.2025 Page No.4 of 4