← Library
Madras High CourtWMP/15327/2026disposed of with direction

Kalaimagal v. P.Rangasamy

2026-04-15Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI in WP NO. 9519 OF 2026 Kalaimagal W/o.Nallapan 3/30 Kattukottai, Padathaiyankuttai Sendamangalam Taluk, Namakkal.

..Petitioner Vs

1. P.Rangasamy S/o.Ponnusamy, Kattukottai, Padathaiyankuttai, Periyakulam, Sendamangalam Taluk, Namakkal District.

2. The Executive Engineer Operation and Maintenance, Tamil Nadu Power Distribution Corporation Limited, Namakkal.

3. The Assistant Executive Engineer Operation and Maintenance, Tamil Nadu Power Distribution Corporation Limited, Sendamangalam.

4. The Junior Engineer Operation and Maintenance, Tamil Nadu Power Distribution Corporation Limited, South Sendamangalam, Namakkal District-637 409.

..Respondents

Prayer: To grant leave to the petitioner / third party to file a petition seeking to clarify the order dated 11.03.2026 passed in WP.No. 9519 of 2026. Prayer in W.P.No.9519 of 2026: Writ Petition filed under Art.226 of the Constitution of India praying to direct the respondents, to issue electricity connection to the petitioners well in S.F. No. 9/1A4 of Periyakulam Village of Sendamangalam Taluk, Namakkal District, in Consonance with the sanction order dated 30.12.2025 issued by the 2nd respondent within the time frame as fixed by this court.

For Petitioner :

Mr. C.Jagadish For Respondents:

Mr.I. Syed Sibghatulla for R2 to R4

ORDER

The petitioner herein/third party has filed this petition seeking to grant leave to this petitioner to file a petition seeking to clarify the order dated 11.03.2026 passed in WP.No. 9519 of 2026.

2. The 1st respondent/writ petitioner filed W.P.No.9519 of 2026 seeking a direction to the official respondents herein to effect Electricity Service Connection to the 1st respondent/writ petitioner's well situate in S.F.No.9/1A4 of Periyakulam Village, Sendamangalam Taluk, Namakkal District in consonance with the sanction order dated 30.12.2025 issued by the Asst. Executive Engineer/3rd respondent and the said writ petition was allowed by

this Court, vide its order dated 11.03.2026. Pursuant to the order passed by this Court, on 30.03.2026, the official respondents attempted to install electricity poles in the common cart track situate in S.No.9/1A1, which provides the only ingress and egress for the petitioner herein and the writ petitioner and the said common cart track is used for transporting agricultural products such as sugarcane, paddy and hey. Having regard to the same , in the year 2022 itself, the petitioner submitted her objections to the official respondents, who vide their proceedings dated 05.04.2022, made it clear that will not erect any electrical poles or draw electrical lines over the common cart track in S.No.9/1A1 without considering the objections raised by the petitioner.

3. Since the width of the common cart track is narrow, measuring only 12 feet, if the electricity poles and lines are erected, the same will hamper free movement of vehicles and in case of construction activities to be carried out in the property or if the common well be deepened or constructed in future, the petitioner is not in a position to bring in any building materials, since the width of the common cart got reduced.

4. Learned counsel for the petitioner submitted that it is the grievance of the petitioner that the official respondents seems to have prepared the estimate without due notice to the petitioner ignoring the order of the respondents dated 05.04.2022 . The petitioner has got her objections for erecting any electric

poles or drawing electricity lines over the common track. The official respondents can very well draw electricity line from pole P as shown in the rough sketch annexed in the typed set in the estimate directly to the common well cutting across the petitioner's land in S.No.9/1A3. In fact, the writ petitioner has filed the writ petition without impleading the present petitioner as party respondent. Since the petitioner had made her objections earlier regarding erection of electricity poles, the same may be taken into consideration by the official respondents while preparing estimate. Hence he prayed to grant leave to file petition seeking to clarify the order dated 11.03.2026 passed in W.P.No.

9519 of 2026 and prays to direct the official respondents to effect service connection to the writ petitioner by effecting service connection directly from pole P as shown in the rough sketch annexed to the estimate to the common well directly cutting across petitioner's lands in S.No.9/1A3 in Periyakulam Village, Sendamangalam Taluk and without erecting any electricity poles or lines on the common cart track situate in S.No.9/1A1.

5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents 2 to 4.

6. The petitioner herein, claims that that she is enjoying the common pathway, in which, the electricity line/pole is proposed to be erected. She

made her objection for erection of electric line /pole proposed to be installed in the common pathway, as there is a disturbance for free ingress and egress in using the pathway. However, in between the petitioner's land and the existing pole, the petitioner's land is situated and the petitioner is ready to provide her land for drawing electric lines to the common well across the petitioner's land situate in S.No.9/1A3.

7. In view of the above, before erecting electric poles/lines to the common well, this Court directs the 2nd respondent to hear the objections of the petitioner as well as the 1st respondent/writ petitioner, if any, and pass appropriate orders on the same within a period of six weeks from the date of receipt of a copy of this order.

8. The Writ Miscellaneous Petition is accordingly disposed of. The order passed in W.P.No.9519 of 2026 is clarified accordingly. 15-04-2026 Index: Yes/No Speaking/Non-speaking order msr To

1. The Executive Engineer Operation and Maintenance, Tamil Nadu Power Distribution Corporation Limited,

Namakkal.

2. The Assistant Executive Engineer Operation and Maintenance, Tamil Nadu Power Distribution Corporation Limited, Sendamangalam.

3. The Junior Engineer Operation and Maintenance, Tamil Nadu Power Distribution Corporation Limited, South Sendamangalam, Namakkal District-637 409.

M.DHANDAPANI J.

msr in WP NO. 9519 of 2026 15-04-2026