R.Rasathi v. The Assistant Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. R.Rasathi W/o. Raja Petitioner(s) Vs
1. The Assistant Executive Engineer (Operation And Maintenance) Tangedco, Ulipuram, Now Having Office Address Mullukurichi Gangavalli Taluk Salem District 2.The Tahsildar, Rasipuram Taluk, Namakkal District.
(R2 Suo Motu Impleaded Vide Order Dated 24.07.2025 Made In Wp.27034/2025) Respondent(s) PRAYER Call for the records of the respondent pertaining to the impugned order passed
by the Respondent in KA.No. U.POA/ E & PA/ MU.KU/ VA.AA/ KOA. THANI/ A.No. 29/ 2025 dated 27.05.2025 and quash the same and further direct respondent to shifting the electricity service connection to the petitioner. For Petitioner(s):
Mr.D.Babu Varadharajan For Respondent(s):
Mr.I.Syed Sibhagutulla Standing Counsel For R1 Mr.G.Velu Additional Government Pleader for R2
ORDER
This writ petition was filed challenging the impugned communication of the 1st respondent dated 27.05.2025 and for a consequential direction to the 1st respondent to shift the electricity service connection to the well situated in the un-surveyed land.
2. When the matter was taken up for hearing on 24.07.2025, this Court passed the following order, "The Tahsildar, Rasipuram Taluk, Namakkal District is suo motu added as the 2nd respondent in this writ petition.
2.Mr.I.Syed Sibhagutulla, learned Standing Counsel takes notice on behalf of the 1st respondent. 3.Mr.G.Velu, learned Additional Government Pleader takes notice on behalf of the impleaded 2nd respondent.
4.The main grievance expressed by the petitioner is that in spite of the report submitted by the Tahsildar, the respondent TANGEDCO has taken a contrary view and has rejected the claim made by the petitioner for shifting the electricity service connection to the petitioner.
5.The learned Standing Counsel for the TANGEDCO seeks for some time to file a counter in order to explain the stand of the respondent in this case.
6.The Tahsildar who has been suo motu impleaded as the 2nd respondent is also directed to submit a report before this Court.
7.Post this case under the caption 'For Orders' on 13.08.2025."
3. When the matter was taken up hearing today, the report of the impleaded 2nd respondent was placed before this Court and the same is extracted hereunder,
4. Heard Mr.D.Babu Varadharajan, the learned counsel for the petitioner and Mr.I.Syed Sibhagutulla, the learned Standing Counsel for the 1 st respondent and Mr.G.Velu, the learned Additional Government Pleader for the 2 nd respondent.
5. On carefully considering the report submitted by the 2nd respondent, it is seen that the 2nd respondent has given no objection for transferring the service connection to the unsurveyed land, and it was also made clear that such transfer of connection will not give any right to the petitioner to claim any ownership over the property.
6. In the light of the above report given by the 2nd respondent, the 1st respondent can act upon the same by getting the necessary undertaking from the petitioner. Accordingly, the impugned communication of the 1st respondent made in KA.No. U.POA/ E & PA/ MU.KU/ VA.AA/ KOA. THANI/ A.No. 29/ 2025 dated 27.05.2025 is set aside, and there shall be a direction to the 1st respondent to shift the electricity service connection to the petitioner within a period of four weeks from the date of receipt of a copy of this order.
7. In the result, this writ petition is allowed in the above terms. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 20-08-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Assistant Executive Engineer (operation And Maintenance) Tangedco, Ulipuram, Now Having Office Address Mullukurichi Gangavalli Taluk Salem District 2.The Tahsildar, Rasipuram Taluk, Namakkal District.
(r2 Suo Motu Impleaded Vide Order Dated 24.07.2025 Made In Wp.27034/2025 By Navj)
N.ANAND VENKATESH J.
gd 20-08-2025