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Madras High CourtWP/25177/2023disposed of with direction

Manjula v. The Executive Engineer

2025-10-23Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.24602 and 24603 of 2023 Manjula ... Petitioner Vs.

1.The Executive Engineer, O/o.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Chendur, Tindivanam Taluk, Villupuram District.

2.The Assistant Engineer, O/o.Electrical Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Mayilam, Tindivanam Taluk, Villupuram District.

3.Lakshmi Narayanan 4.Munusamy ....Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Name Transfer/D.No.35/2023/2024 dated 03.08.2023 passed by the second respondent and quash the same and consequently, to direct the second respondent to restore the electricity service connection No.1398 in the name of the petitioner herein. For Petitioner : Mr.P.Vijendran For Respondents : Mr.Venkateseshiyan Standing Counsel for TNEB for R1 and R2 Mr.U.Karunakaran for R3 and R4

O R D E R

This Writ Petition has been filed challenging the impugned Name Transfer/D.No.35/2023/2024 dated 03.08.2023 passed by the second respondent and for a consequential direction to the second respondent to restore the electricity service connection No.1398 in the name of the petitioner herein.

2. The petitioner availed loan from the third respondent by way of transfer of her property and the same was registered as Document No.370 of 2014. The third respondent pledged the said property by availing the loan and the entire loan amount was settled in the year 2021. Therefore, the petitioner requested the third respondent to transfer the property back to the petitioner's name and the same was not done. The third respondent along with the fourth respondent forced the petitioner to evict from the property. The petitioner challenged the same before this Court in W.P.No.12422 of 2022 and this Court directed the petitioner to approach the competent civil Forum. Based on the same, the petitioner filed a suit in O.S.No.396 of 2022 for restoration of possession of the property.

The petitioner filed interlocutory application for temporary injunction and to deposit the rental income received by the fourth respondent till the disposal of the suit and the said application was dismissed. In the meanwhile, the petitioner has been paying the electricity charges of the property. All of a sudden, the fourth respondent has applied for transfer of electricity service connection Nos.

to by the petitioner by way of Objection dated 20.07.2023 but the same was not considered. Therefore, the petitioner filed W.P.No.23636 of 2023 for a writ of Prohibition to prohibit the respondents 1 and 2 from transferring the name of the electricity service connection Nos.1397, 1398 and 1401 from the name of the petitioner to the name of the fourth respondent herein before this Court and it was admitted that electricity service connection No.1398, out of the three connection numbers has already been transferred in the name of the fourth respondent through the impugned order Name Transfer/D.No.35/2023-2024 dated 03.08.2023, based on which, the writ petition was disposed of on 11.08.2023. Challenging the proceedings dated 03.08.2023, the petitioner is before this Court.

3. The learned counsel appearing for the fourth respondent submits that initially the petitioner owned the subject property and thereafter, since she is in financial constraint, the petitioner decided to sell the property in favour of the third respondent by receiving the reasonable sale consideration and thereafter, the fourth respondent purchased the property from the third respondent on 08.04.2021 for valuable consideration. Thereby, the fourth

respondent being the owner of the property made a representation to the Electricity Board for transferring the electricity service connection to his name and the same was effected. Hence, there is no error in the impugned order.

4. Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 3 and 4.

5. Admittedly, there is a civil dispute between the petitioner and the fourth respondent pending before the competent civil Court. Therefore, the second respondent ought not to have transferred the electricity service connection from the name of the petitioner to the name of the fourth respondent, when the title itself is in dispute. Admittedly, it is also not in dispute that the petitioner has been paying the electricity charges for a considerable period of time, for which, the petitioner has substantiated the documents. It is also pertinent to note that even though the petitioner has objected to transfer of service connection in the name of the fourth

respondent and filed W.P.No.23636 of 2023 for prohibiting the first and second respondents from transferring the electricity service connection from the name of the petitioner to the name of the fourth respondent, the same was done, without giving any opportunity to the petitioner. Hence, it is a clear violation of principles of natural justice. The impugned order dated 03.08.2023 passed by the second respondent is set aside and the second respondent is directed to restore the electricity service connection No.4720131398 in the name of the petitioner.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petitions are closed. 23.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Executive Engineer, O/o.The Executive Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Chendur, Tindivanam Taluk, Villupuram District.

2.The Assistant Engineer, O/o. Electrical Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), Mayilam, Tindivanam Taluk, Villupuram District.

M.DHANDAPANI, J.

ssb 23.10.2025