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Madras High CourtWP/10596/2026disposed of with direction

Sargunan v. The Superintending Engineer

2026-03-18Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P. No. 10596 of 2026 Sargunan S/o. Krishnasamy, 4/54A, Arumuga Udyar Street, Thelungupalayam, Coimbatore -641 039 ..Petitioner(s) Vs

1. The Superintending Engineer Coimbatore Power Distribution Corporation, Central Coimbatore, Coimbatore.

2. The Assistant Executive Engineer Coimbatore Power Distribution Corporation, Central Coimbatore, Coimbatore.

3. The Assistant Engineer TANGEDCO, Selvapuram, 344-CGV Nagar, Perur Main Road, Coimbatore -641 026

4. Deepa D/o. Viswanathan, 5-GV Modern Apartment, Perur Road, Selvapuram, Coimbatore -641 026 ..Respondent(s)

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for records of the impugned Proceedings of the second respondent dated 05.12.2025 bearing Ka.No./U.Se.Po/E and Pa/Mai/Ma/Ko/Va.A/Ko. complaint /A.No.1740/2025 quash the same, consequentially direct the respondents 1 to 3 to revoke the name transfer effected in favour of the fourth Respondents with respect to the Electricity connection bearing No.S.C. No.03-013-008-1150 in Survey No.594/1-B of Kumarapalayam Village and reverse it back to it original position.

For Petitioner(s):

Mr. Thanga Vadhana Balakrishnan For Respondent(s):

Mr. L. Jai Venkatesh

ORDER

The present Writ Petition has been filed of the issuance of a Writ of Certiorarified Mandamus to call for records of the impugned proceedings of the second respondent dated 05.12.2025 bearing Ka.No./U.Se.Po/E and Pa/Mai/Ma/Ko/Va.A/Ko.complaint/A.No.1740/2025 quash the same and consequently to direct the respondents 1 to 3 to revoke the name transfer effected in favour of the fourth respondent with respect to the Electricity connection bearing No.S.C.No.03-013-008-1150 in Survey No.594/1B of Kumarapalayam Village and to reverse it back to its original position.

2. The learned counsel for the petitioner submits that the petitioner is the owner of the property measuring an extent of 36.5 cents of land in Survey No.594/1B situated at Kumarayapalam Village, Coimbatore, by virtue of an unregistered Will dated 14.03.1980 executed by her foster mother, namely, Palaniammal, who passed away on 09.10.1982. From the date of her demise, the petitioner has been in possession and enjoyment of the said property. In the year 2016, one Renuka and Easwari attempted to dispossess the petitioner from the property and filed a civil suit in O.S.No.90 of 2016 on the file of the III Additional District Court, Coimbatore. The said suit was decreed on 07.08.2020. Aggrieved by the same, Appeal Suits in A.S.No.31 and 33 of 2021 have been filed and are pending before this Court.

3. Prior thereto, on the basis of the said Will, the revenue records had been muted in favour of the petitioner. However, subsequent to the decree, the said Renuka and Eswari sold the property in favour of the 4th respondent, who has also obtained an electricity connection in his name. The petitioner made a representation seeking cancellation of the electricity service connection granted in favour of the 4th respondent; however the same was rejected. Aggrieved by the said rejection, the present Writ Petition has been filed.

4. The learned counsel for the petitioner further submits that this Court may permit the petitioner to make a fresh representation before the appropriate authority, subject to the outcome of the Appeal Suits pending before this Court.

5. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

6. Considering the facts and circumstances of the case and the submission made by the learned counsel appearing for the petitioner, this Court permits the petitioner to make a fresh representation before the appropriate authority, if he succeeds in the Appeal Suits. However, the impugned order is subject to the result of the Appeal Suits.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

18-03-2026 Asi

To

1. The Superintending Engineer Coimbatore Power Distribution Corporation, Central Coimbatore, Coimbatore.

2. The Assistant Executive Engineer Coimbatore Power Distribution Corporation, Central Coimbatore, Coimbatore.

3. The Assistant Engineer TANGEDCO, Selvapuram, 344-CGV Nagar, Perur Main Road, Coimbatore -641 026

4. Deepa D/o. Viswanathan, 5-GV Modern Apartment, Perur Road, Selvapuram, Coimbatore -641 026

M.DHANDAPANI, J.

Asi W.P. No. 10596 of 2026 18-03-2026