M.Kandhasamy v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 6932 of 2022 and WMP.No.6972 of 2022 M.Kandhasamy S/o.Muthulingam, Pu.Kunalavadi Village, Ulundurpettai Taluk, Kallakuruchi District.
..Petitioner Vs
1. The Chairman TANGEDCO, Annamalai, Chennai-600 022.
2. The Executive Engineer, O and M (Organization and Maintenance) TANGEDCO, Ulundurpettai Taluk, Kalalkuruchi District.
3. The Assistant Engiener O and M (Organization and Maintenance) TANGEDCO, Ulundurpettai Taluk, Kalalkuruchi District.
4. M.Elumalai S/o.Muthulingam, Pu.Kunalavadi Village, Ulundurpettai Taluk, Kallakuruchi District.
..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the 3rd respondent to cancel the electricity service connection bearing No.529 given to the 4th respondent to a property an extent of 82 cents comprised in Survey No.96/3A dry land in Kampattu Village, Ulundurpettai Taluk, Kallakuruchi District.
For Petitioner:
Ms.S.Haripriya For Respondents:
Ms.Daniel Mary (R1 to R3) Standing Counsel Mr.G.Thiyagarajan (R4)
ORDER
This Writ Petition has been filed seeking a direction to the 3rd respondent to cancel the electricity service connection bearing No.529 given to the 4th respondent to a property to an extent of 82 cents comprised in Survey No.96/3A dry land in Kampattu Village, Ulundurpettai Taluk, Kallakuruchi District.
2. The learned counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the subject property and the subject property was purchased by his father Mr.Muthulingam and after the demise of his father, the petitioner and his brother, the 4th respondent herein is in possession and enjoyment of the property. While so, the 4th respondent herein without the knowledge of the petitioner obtained the release deed from his sisters viz., Mrs.Sivagangai and Mrs. Malar through Document No.887/2019 on the file of SRO, Ulundurpettai and after obtaining the same, the 4th respondent filed the partition suit before the District Court, Villupuram in O.S.No.92 of 2019 (renumbered as O.S.No.12/2024) and the same is pending. That apart, without the knowledge of the petitioner, the 4th respondent also applied for electricity
connection before the 2nd and 3rd respondents and the 3rd respondent also attempted to give electricity connection to the 4th respondent, despite objections being filed by the petitioner . Therefore, the petitioner filed a suit before the District Munsif, Ulundurpettai, against the respondents 3 and 4 in O.S.No.167 of 2020 for bare injunction, despite the same, the 3rd respondent has given the electricity connection to the 4th respondent. Hence, this petition.
3. The learned counsel appearing for the respondents 1 to 3 would submit that the request of the petitioner will be considered subject to the outcome of the partition suit as well as the suit for bare injunction.
4. Heard both sides. Perused the records.
5. In the case on hand, admittedly the 4th respondent filed a suit for partition in O.S.No.92/2019 on the file of District Court, Villupuram and the same is pending. Thereafter, since the 3rd respondent provided electricity connection to the 4th respondent, despite objections submitted by the petitioner, the petitioner also filed a suit in O.S.No.167 of 2020 against the respondents 3 and 4 for bare injunction and the same is also pending.
6. The 3rd respondent had provided the electricity connection to the 4th respondent land where the agricultural activities are being carried on, for which
electricity is necessary. Therefore, this Court is not inclined to issue the direction sought for by the petitioner. That apart, already as stated above, since the suit filed by the 4th respondent for the civil suits filed by the 4th respondent and the petitioner seeking partition and bare injunction are also pending, the parties can agitate their rights before the concerned civil courts.
6. In such view of the matter, this Writ Petition stands dismissed. If any order is passed in favour of the petitioner in the aforesaid suits, the petitioner is at liberty to file appropriate application before the 3rd respondent, seeking to cancel the electricity connection given to the 4th respondent and it is open to the 3rd respondent to act on the same, in accordance with law. No costs. 09-04-2026 Index: Yes/No Speaking/Non-speaking order arr
To
1. The Chairman TANGEDCO, Annamalai, Chennai-22.
2. The Executive Engineer, O and M (Organization and Maintenance) TANGEDCO, Ulundurpettai Taluk, Kalalkuruchi District.
3. The Assistant Engiener O and M (Organization and Maintenance) TANGEDCO, Ulundurpettai Taluk, Kalalkuruchi District.
4. M.Elumalai S/o.Muthulingam, Pu.Kunalavadi Village, Ulundurpettai Taluk, Kallakuruchi District.
KRISHNAN RAMASAMY, J.
arr W.P No. 6932 of 2022 09-04-2026