R.Arunachalam v. R.Selvaraj
2025:MHC:2042
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. R.Arunachalam Appellant(s) Vs
1. R.Selvaraj S/o.Ramasamy Gounder 2.District Collector Tirupur District.
3.The Assistant Engineer TANGEDCO, Thiruvallur Nagar, Tirupur.
4.K.Subramaniam S/o.Kandasamy Gounder Respondent(s) PRAYER To review the order dated 11.07.2025 made in WP No. 25350 of 2025 on the file of this High Court.
For Appellant(s):
Mr.T.N.Rajagopalan for Mr.S. Kamalesh Kannan For Respondent(s):
Mr.V.Anandamurthy For R1 Mr.E.Vijay Anand Additional Government Pleader for R2 Mr.L.Jaivenkatesh Standing Counsel for R3
ORDER
The Review Application has been filed by the review applicant who is the third party to review the order passed in the W.P.No.25350 of 2025 dated 11.07.2025.
2. When the matter was taken up for hearing on 07.08.2025, this Court passed the following 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) selffinancing 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 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 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."
3. When the matter is taken up for hearing today, it is brought to the notice of this Court that the appeal was filed before the District Monitoring Committee on 07.10.2024 and formed part of the typed-set of papers filed in the writ petition. Only upon noticing the same, the order has been passed in the writ petition.
4. The learned counsel for the Review petitioner submitted that the parties
can easily settle the dispute by placing the electricity poll in a place, which is not objectionable.
5. Considering the nature of the dispute before the parties, it is not possible to resolve this issue in this review petition.
6. In the light of the above discussion, this Court does not find any illegality apparent on the face of the order passed in the writ petition.
7. Accordingly, the Review Application is dismissed. 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.R.Selvaraj S/o.Ramasamy Gounder, Therku Thottam, Akkanampalayam, Karaipudhur Village, Palladam Taluk, Truppur District.
2.District Collector Tirupur District.
3.The Assistant Engineer Tangedco, Thiruvallur Nagar, Tirupur.
4.K.Subramaniam S/o.Kandasamy Gounder, Akkanampalayam, Karaipudhur Village, Palladam Taluk, Tirupur-641 605.
N.ANAND VENKATESH J.
gd REV.APLW No. 211 of 20-08-2025