P.Ponnusamy, v. The Superintending Engineer

2024:MHC:2066

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.4113 of 2024 P.Ponnusamy ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District - 638 476.

2.The Executive Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District - 638 476.

3.The Assistant Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District - 638 476.

4.A.K.Balasundaram 5.P.Sathish ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 herein from transferring common 1⁄2 share in the Electricity service connection in S.C.No.134 pertaining to the Common well in New S.F.No.118/2A1C3 of Palayakalayanur Village, Sathyamangalam Taluk, Erode District in favour of respondents 4 and 5.

For Petitioner : Mr.Roshan Atiq M For R1 to R3 : Mr.I.Syed Sibghatulla Standing Counsel [For TANGEDCO] For R4 & R5 : Mr.S.Parthasarathy

O R D E R

The relief sought for in the present writ petition to forbear the respondents 1 to 3 from transferring common 1⁄2 share in the Electricity Service Connection in S.C.No.134 pertaining to the Common well in New S.F.No.118/2A1C3 of Palayakalayanur Village, Sathyamangalam Taluk, Erode District in favour of respondents 4 and 5.

2. Mr.S.Parthasarthy, learned counsel for the respondents 4 and 5 would submit that during the pendency of the writ petition, the electricity

service connection was transferred in the name of the respondents 4 and 5. Since the electricity service connection has been transferred, based on the documents produced by the respondents 4 and 5. However, the petitioner has to establish his civil rights by approaching the Competent Civil Court of Law.

3. The Electricity Board authorities have no jurisdiction to adjudicate the disputes of civil nature. If at all the petitioner claims any civil right including title, name transfer, etc., he has to approach the Competent Civil Court of Law and after establishing his rights, he is at liberty to approach the Electricity Board authorities for effecting necessary changes in the Board records.

4. With this liberty, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 26.04.2024 Jeni Index : Yes Speaking order / Non-speaking order To

1.The Superintending Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District - 638 476.

2.The Executive Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District - 638 476.

3.The Assistant Engineer, TANGEDCO, Gobi Electricity Distribution Circle, Gobichettipalayam, Erode District - 638 476.

S.M.SUBRAMANIAM, J.

Jeni 26.04.2024