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Madras High CourtWP/4085/2026allowed

Dhandayuthapani v. Tamilnadu Generation And Distribution

2026-02-12Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.4554, 4555, 4560 and 4561 of 2026 Dhandayuthapani ... Petitioner in W.P.4085/2026 Senthilkumar ... Petitioner in W.P.4089/2026 Vs.

1 Tamilnadu Generation And Distribution Rep. by its Chief Engineer (Personnel) No.144, Anna Salai, Chennai-2.

2 The Superintending Engineer Erode Electricity Distribution Circle Tamilnadu Generation And Distribution EVN Road, Erode - 638 009.

3 The Executive Engineer O & M/Urban, Erode Electricity Distribution Circle, Tamil Nadu Generation And Distribution EVN Road, Erode - 638 009.

4 Suresh 1/8

5 The Assistant Engineer / Section Head O & M Section Erode Electricity Distribution Circle, Tamil Nadu Generation And Distribution Thindal, Vidya Nagar Post, Erode District.

... Respondents in both the W.Ps.

Common Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari after calling for the records pertaining to transfer order in Ku.AA.No.000551/18/Ni.Pi.2/U1/2026-1 and Ku.AA.No.000551/18/Ni.Pi.2/U1/2026-2 respectively, dated 22.01.2026 issued by the second respondent, quash the same, award costs.

For Petitioners : Ms.H.Nandhini For Respondents : Mr.C.Ram Kumar C O M M O N O R D E R These writ petitions have been filed seeking issuance of Writ of Certiorari after calling for the records pertaining to transfer order in Ku.AA.No.000551/18/Ni.Pi.2/U1/2026-1 and Ku.AA.No.000551/18/ Ni.Pi.2/U1/2026-2 respectively, dated 22.01.2026 issued by the second respondent, quash the same, award costs. 2/8

2.Since the issue involved in these writ petitions are common in nature, these writ petitions are heard together and disposed of by way of a common order.

3.It is the case of the petitioners that the petitioners have joined the services of the first respondent Corporation as Helper and were posted in Erode Distribution Circle. The petitioner in W.P.No.4085 of 2026 has been promoted as Commercial Assistant, Commercial Inspector, Foreman Grade I and Special Grade Foreman and now he is serving as Special Grade Foreman at Thindal Division. The petitioner in WP.No.4089 of 2026 has been promoted as Wireman, Commercial Assistant, Commercial Inspector and Foreman and now he is serving as Foreman at Thindal Division. The petitioners have been transferred various times and lastly, they were transferred to Thindal on 13.02.2025.

4.It is the further case of the petitioners that one Shanmugapriya of Vallipurathanpalayam, which comes under Thindal Division made an application to the fourth respondent, for shifting of electricity lines and 2 electrical posts carrying those lines at 3/8

S.No.155/7B at Vallipurathanpalayam as she wanted to do construction and the fourth respondent collected the cost of estimation of a sum of Rs.84,922/- from the said Shanmugapriya and the fourth respondent seems to have not remitted the cost of estimation. However, while shifting work was carried out, one electric post was not removed. Subsequently, the fourth respondent was promoted as Assistant Executive Engineer. Thereafter, the petitioners were transferred to Thindal. Now, the said Shanmugapriya has requested to remove the one electric post from her land. As the fourth respondent requested to remit some amount, she made a complaint to the vigilance cell. Thereafter, the fourth respondent requested orally to the petitioners to remove the electric pole from the said Shanmugapriya land without any work order.

As the petitioners denied to carry out the work without any work order, they were issued with the impugned transfer order by the second respondent. Hence these writ petitions. 5.The learned counsel appearing for the petitioners submitted that transfer order can be passed only on administrative grounds.

the petitioners in the manner known to law. Without doing so, transferring the petitioner to another place is not sustainable one. 6.Per contra, the learned counsel appearing for the respondents submitted that though the petitioners are not responsible for the shifting of electricity lines and 2 electrical posts as per the request of one Shanmugapriya, there are lot of complaints against the petitioners made by the local people, thereby the impugned orders of transfer were passed.

7.Heard the arguments advanced on either side and perused the materials available on record.

8.Admittedly, the petitioners are serving as Special Grade Foreman and Foreman respectively, at Thindal Division and they were transferred to Ezhumathur and Ingur respectively, on the basis of the complaint made by the local people. Transfer order cannot be based on the complaint made by the local people. It can be only on administrative grounds and administrative exigencies. Hence the impugned orders are not sustainable.

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9.The writ petitions are allowed and the orders impugned in these writ petitions are set aside. However, liberty is granted to the respondents to initiate disciplinary proceedings as against the petitioners, on the basis of the complaint made by the local people and the same may be concluded in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed. 12.02.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 Tamilnadu Generation And Distribution Rep. by its Chief Engineer (Personnel) No.144, Anna Salai, Chennai-2.

2 The Superintending Engineer Erode Electricity Distribution Circle Tamilnadu Generation And Distribution EVN Road, Erode - 638 009.

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3 The Executive Engineer O & M/Urban, Erode Electricity Distribution Circle, Tamil Nadu Generation And Distribution EVN Road, Erode - 638 009.

4 The Assistant Engineer / Section Head O & M Section Erode Electricity Distribution Circle, Tamil Nadu Generation And Distribution Thindal, Vidya Nagar Post, Erode District.

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M.DHANDAPANI,J.

pri And W.M.P.Nos.4554, 4555, 4560 and 4561 of 2026 12.02.2026 8/8