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Madras High CourtWP/12958/2026disposed of with direction

P.K.Mohan v. The Chairman

2026-04-09Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI AND WMP NO. 14156 OF 2026,WMP NO. 14157 OF 2026 P.K.Mohan S/o. Late. Palanivel, Door No. 8/1011 Periya gounder Thottam, Ulagankathan village and post, Kallakurichi Taluk, Kallakurichi district 606 202 ..Petitioner(s) Vs

1. The Chairman cum Managing director, Tamil Nadu Electricity Generation and Distribution corporation Ltd., No.144 Anna Salai, Chennai 02

2. The Assistant Engineer O and M TNPDCL, Sadaiyampattu, Kallakurichi district 606 202

3. K.Sundarambal w/o. Kandhasamy, No.113 Paaraikadu, Azhagapuram Kattu Kottai, Cholampattu post, sankarapuram Taluk, Kallakurichi district 606 208

4. P.Velusamy S/o. Pazhaniyappan, No.239 Paranginatham Village, Malliampadi post, Chinnasalem Taluk, Kallakurichi district 606 207

..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his proceedings L.No. AE/ O and M/ S.Pattu/ F.Doc/ D.No. 021/ 25- 26 dated 3.05.2025 and quash the same as illegal unlawful and null void and consequently direct the 1st and 2nd respondent to restore the electricity connection issued in the name of Periya gounder in service connection No. 02- 557- 010- 83 and pass For Petitioner(s):

Mr.S.Venkatesh For Respondent(s):

Mr.Swami Subramanian for R1 and R2 Order This Writ Petition is filed challenging the impugned order of the 2nd respondent, whereby, transferred the electricity connection of the petitioner's grandfather in favour of the 4th respondent and consequently direct the 1st and 2nd respondent to restore the electricity connection.

2. Case of the petitioner is that the petitioner, his mother and his brother are the joint owners of the lands in S.F.No.2993/A, S.F.No.299/3B1 and S.F.No.299/5A, at Ulagankathan Village, Periya Gounder Thottam, totalling 4.50 acres of land. S.F.No.299/3A was purchased by his grandfather late Periya Gounder and an electricity service connection was issued in his name and after his demise, the petitioner is now operating the electricity connection. While so,

after the death of the petitioner's father, the 3rd respondent, who is the petitioner's aunt, created a fabricated settlement deed dated 10.12.2015, to an extent of 2.00 acres in S.F.No.299/3A. Therefore, the petitioner along with others filed a Suit in O.S.No.234/2017, on the file of the Principal District Munsif Judge, Kallakurichi, to declare the settlement deed executed in favour of the 3rd respondent as null and void.

3. When the suit was pending, the 3rd respondent illegally sold the abovementioned property to the 4th respondent. Hence, the petitioner filed another Suit in O.S.No.110 of 2022 to cancel the Sale Deed executed by the 3rd respondent in favour of the 4th respondent. While so, the 4th respondent approached the 2nd respondent and changed the electricity connection which stood in the name of the petitioner's grandfather. Immediately, the petitioner gave representation to restore the electricity connection. However, the 2nd respondent vide impugned order dated 03.05.2025, rejected the petitioner request. Challenging the same, the petitioner is before this Court.

4. Learned counsel for the petitioner submitted that without issuing any notice and conducting enquiry, the 2nd respondent arbitrarily transferred the electricity connection to the name of the 4th respondent. Further, the Suits filed by the petitioner are dismissed. Against which, the petitioner filed First Appeals in A.S.Nos.4 and 5 of 2025 before the Subordinate Judge, Kallakurichi. Hence,

this Court may grant liberty to the petitioner to file fresh application, if he succeeds in the First Appeals pending before the Lower Court.

5. The learned counsel appearing for the respondents has no objection for such an order being passed by this Court.

6. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondents. Since no adverse orders are passed against the respondents 3 and 4, notice to them is not necessary.

7. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, grants liberty to the petitioner to file a fresh application before the respondents 1 and 2, if he succeeds in the First Appeals pending before the Lower Court.

8. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

09-04-2026 Index: Yes/No Speaking/Non-speaking order SK

1. The Chairman cum Managing director, Tamil Nadu Electricity Generation and Distribution corporation Ltd., No.144 Anna Salai, Chennai 02

2. The Assistant Engineer O and M TNPDCL, Sadaiyampattu, Kallakurichi district 606 202

M.DHANDAPANI J.

sk AND WMP NO. 14156 OF 2026,WMP NO. 14157 OF 2026 09-04-2026