Madras High CourtWP/3970/2026disposed of

P.Sangeetha v. The Chief Engineer (Personal)

2026-04-02Honourable Ms. Justice P.T. Asha9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP.Nos.4434, 4438 &13968 of 2026 P.Sangeetha W/o. Nagaraj, A3-F2, RR Dharsan Apartment, GV Residency Sowripalayam, Coimbatore District - 641 028.

..Petitioner Vs

1. The Chief Engineer (Personal) Tamil Nadu Power Distribution Corporation Limited, No. 144 Anna Salai Chennai - 600 002.

2. The Director (Distribution ) Tamil Nadu Power Distribution Corporation Limited, Technical Branch, No. 144 Anna Salai Chennai - 600 002.

3. The Chief Engineer (Distribution) Tamil Nadu Power Distribution Corporation Limited, Coimbatore Region, Coimbatore 641 012.

4. The Superintending Engineer Coimbatore Electricity Distribution Circle/ Metro Tamil Nadu Power Distribution Corporation Limited, Coimbatore - 641 012.

5. The Executive Engineer O and M/ Central/ CEDC/ Metro, 27 Abdul Rahim Road, Race Course, Coimbatore 641 018.

6. The Director, National Commission for Scheduled Castes, 2nd Floor, Block-5, Shastri Bhawan Chennai - 600 006.

7. Purushothaman, S/o. Singaravelu No.7/1, Gokulam Colony, 3rd Street Extension, P.N.Pudur, Coimbatore District - 641 041.

8. Venkatesh, S/o. Chandran Vasavi Garden, Sundakamuthur Road, Coimbatore South, Coimbatore District.

9. Bharathi, W/o. Venkatesh, Vasavi Garden, Sundakamuthur Road, Coimbatore South Coimbatore District.

(R6 TO R9 are impleded vide order dated 18.02.2026 made in WMP.No.7137/2026 in WP.3970/2026) ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned transfer order passed by the 3rd respondent vide Memo No.000385/17/Adm.I(1)/ 2026 dated 13.01.2026 and quash the same. For Petitioner:

Mr.S. Ashok Kumar For Respondents:

Mr,M.Suresh Kumar Additional Advocate General Assisted by Mr.C.Ram Kumar for R1 to R5.

Mr.D.Bharathyfor R7 to R9 R6 - No appearance

ORDER

Challenge in the present writ petition is to the impugned transfer order issued to the petitioner by the 3rd respondent dated 13.01.2026.

2. The petitioner would submit that she has been working as Assistant Executive Engineer in the Coimbatore Electricity Distribution Circle / Metro, Bazaar West Section, Coimbatore. On 04.06.2025, one Purushothaman, the 7th respondent herein, who is neither the owner nor the builder of the property, had submitted 8 online applications seeking 3-phase domestic electric service connection on behalf of one Venkatesh and Bharathi, the respondents 8 and 9 herein. Since the said application was submitted without enclosing the Building Completion Certificate, which is mandatory, the same has been kept on hold. This was intimated to the 7th respondent.

However, the 7th respondent without curing the defects, had lodged a false complaint before the National Commission for Scheduled Caste, against the petitioner, alleging that the service connection was not provided to him since he belonged to SC community. The said complaint was attended by SC/ST Commission, which forwarded the said complaint to the higher officials of TANGEDCO. Thereafter, necessary orders have been passed by the 2nd respondent dated 05.08.

29.09.2025, upon an undertaking submitted by the 7th respondent. That apart, on 08.10.2025, the 7th respondent had again sought for 3 phase domestic service connection for the remaining 5 dwelling units and based on the directions of the 3rd respondent, the same was effected on 13.10.2025. Be that as it may, the impugned order of transfer was issued to the petitioner on 13.01.2026 intimating that she was transferred to Thudialur in Coimbatore EDC/North on account of "Administrative Convenience. Aggrieved by the same, the petitioner is before this Court.

3. When the matter came up for admission on 06.02.2026, this Court had granted interim stay of the order of transfer and the matter stood adjourned. Thereafter, when the matter was taken up for hearing on 26.02.2026, it was brought to the notice of the Court by the respondents that the petitioner's transfer order was cancelled vide Memo dated 17.02.2026, and the petitioner was again reposted at Bazaar/West Coimbatore EDC/Metro/Coimbatore.

4. Though the transfer order under challenge has attained finality, this Court by exercising its extraordinary jurisdiction under Article 226 of the Constitution, had dealt in detail the intricacies involved in the present writ petition and passed an order on 26.02.2026. The relevant portion of the order reads as follows :

"4. However, keeping aside the order of transfer, the issues that arises for determination in the present case are :- i) Whether the 7th respondent was harassed by the Electricity OfÏcials under the provisions of SC/ST Act ii) Whether the respondents 7 to 9 had constructed a building without getÝng approval from the competent Authority. iii) Whether the SC/ST Commission has the power to issue directions or make recommendations to the Electricity Board for effecting service connection.

iv) Whether the letter dated 30.06.2025 issued by the SC/ST Commission is legally maintainable.

v) Whether, based on such recommendation, the electricity ofÏcials are bound to effect the service connection without completion certificate and whether such action is within the powers of the Electricity Board.

5. It has been the consistent view of the Courts that though Article 338 of the Constitution in unambiguous provides that the Commission can exercise the powers of the Civil Court for the purpose of conducting an adjudication in an effective manner, but it may not issue any direction, directing the Government authorities to do a particular job, viz., for providing electricity connection to a particular person which are administrative matters which fall within the domain of the respective departments. The scope of Article 338 of the Constitution cannot be expanded for the purpose of interfering with the routine administrative actions of the electricity board and if at all there is any infraction of the regulations or procedures, which is traced out by the commission, the commission may issue necessary recommendations to rectify the mistakes by following the rules in force, but cannot, as a matter of authority, give any straight-jacket direction such as in the present case to give electricity connection.

6. In view of the above, there shall be an interim direction to the Electricity Board to disconnect the electricity service connection effected on the basis of the recommendation of the SC/ST Commission.

7. Further, this Court, exercising its extraordinary jurisdiction under Article 226 of the Constitution, in the facts and circumstances of the case, passes the following orders:- i) The ofÏcial respondents are directed to disconnect the Electricity Connection pursuant to the recommendation of the SC/ST Commission. ii) There shall be an interim injunction restraining the 6th respondent from issuing directions to the authorities while they are performing statutory duties in accordance with law.

iii) The Chief Engineer, is directed to conduct an enquiry regarding the manner in which the service connection was effected, particularly, as to whether there was any illegal transaction between the private respondents and the ofÏcial respondents and to file a report in that regard before this Court on or before the next date of hearing."

5. When the matter is taken up for hearing today, it was informed before the Court that the 8th respondent has filed a petition to vacate the interim stay granted by this Court on 26.02.2026 and to grant electricity supply to the premises as the occupants therein are innocent and strangers to the dispute, and that they should not be made to suffer.

6. Since the impugned order has been cancelled vide Memo dated 17.02.2026, and the petitioner has been reverted to original Circle at

Bazaar/West Coimbatore EDC/ Metro/Coimbatore, the grievance of the petitioner has been addressed and therefore, no orders are required to be passed on the transfer order dated 13.01.2026 issued to her.

7. However, with regard the other issue that had arisen for consideration by this Court by exercising the writ jurisdiction, this Court deemed it appropriate to dispose of the writ petition with the following directions: (a) The 4th respondent shall issue show cause notice to the respondents 7,8 and 9 to show cause as to why the electricity service connection need not be disconnected as they had obtained it without getting the building completion certificate.

(b) On receipt of reply to the show cause notice, the respondent -TANGEDCO shall pass orders after affording an opportunity of hearing to the parties concerned. Till such time, the electricity service connection shall not be disconnected.

Consequently, connected miscellaneous petitions are closed. 02-04-2026 Index: Yes/No Speaking/Non-speaking order DS

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