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Madras High CourtWP/25350/2025disposed of

R.Selvaraj v. The District Collector

2025-07-11Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH R.Selvaraj S/o.Ramasamy Gounder ... Petitioner Vs 1.The District Collector, Tirupur District.

2.The Assistant Engineer, TANGEDCO, Thiruvallur Nagar, Tirupur.

3.R.Arunachalam 4.K.Subramaniam S/o.Kandasamy Gounder ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the second respondent to provide an electricity connection for the well situated in S.No.611/2, Karaipudhur Village, Palladam Taluk, Tirupur District applied for under the Fast Track (Tatkal) self-financing scheme C, as per the receipt dated 22.09.2023 in EB No.27309231728.

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For Petitioner : Mr.V.Anandhamurthy For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader [R1] Mr.L.Jaivenkatesh Standing Counsel [R2] *****

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to provide electricity connection to the petitioner for the Well situated in S.No.611/2, Karaipudhur Village, Palladam Taluk, Tirupur District applied for under the Fast Track (Tatkal) self-financing scheme C.

2. Heard Mr.V.Anandhamurthy, learned counsel for petitioner, Mr.E.Veda Bagath Singh, learned Special Government Pleader appearing for first respondent and Mr.L.Jaivenkatesh, learned Standing Counsel appearing for second respondent.

3. The case of the petitioner is that he and his brother are joint owners of the properties in S.F.No.611/1B which was purchased through registered sale deeds dated 09.12.2010 and 03.06.2016. They are engaged in agricultural activity and they applied for electricity connection for the Well 2/6

situated in S.No.611/2, Karaipudhur Village, Palladam Taluk, Tirupur District under the Fast Track (Tatkal) self-financing scheme C. A communication was received from the second respondent dated 30.11.2024 approving the request made by the petitioner and directed for the installation process. In the mean time, the third respondent objected to the electricity connection given to the petitioner on the ground that there is an encroachment into this property. Hence, he filed W.P.No.1770 of 2024 before this Court not to make any encroachment on the cart track in Survey No.611/1A. This writ petition was disposed of by the Hon'ble First Bench of this Court by order dated 30.01.2024 with a direction to the Committee constituted under G.O.(Ms) No.64 dated 08.02.2022 to consider the same on its own merits and in line with the Government Order.

4. Pursuant to the above order, a detailed enquiry was conducted by the Committee and the Committee, through proceedings dated 09.09.2024, came to a conclusion that the cart track is a 'Nilaviyal Pathai' and therefore, the third respondent cannot make any objections.

5. The grievance of the petitioner is that in spite of the above order passed by the Committee, the TANGEDCO is dragging their feet and is 3/6

not providing electricity service connection. It is under these circumstances, the present writ petition has been filed.

6. Taking into consideration the facts and circumstances of the case and considering the proceedings of the Committee dated 09.09.2024 and also considering the fact that mere pendency of a suit is not a ground to stop the authorities from proceeding further to grant service connection to the petitioner without there being any restraint order, there shall be a direction to the second respondent to act upon the application and to provide electricity connection for the Well. This process shall be completed by the second respondent within a period of six (6) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

11.07.2025 Index: yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The District Collector, Tirupur District.

2.The Assistant Engineer, TANGEDCO, Thiruvallur Nagar, Tirupur.

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N.ANAND VENKATESH, J.

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