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Madras High CourtWP/30399/2022disposed of

Ganga v. The Assistant Engineer

2025-10-09Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P No.29827 of 2022 Ganga

...Petitioner

Vs 1.The Assistant Engineer Tamil Nadu Electricity Board Thiruttani 2.The Chairman TANGEDCO Anna Salai, Chennai-600 002.

3.V.Narasimhan (3rd respondent was impleaded vide order dated 09.10.2025 made in W.M.P No.31232 of 2022)

...Respondents

PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents and their subordinates from interfering with the electricity amenity for the petitioner's house No.52/2, Narasimhasamy Koil Street, Tiruttani, Thiruvallur District. For Petitioner : Mr.G.Appavoo For R1 & R2 : Mr.L.Jai Venkatesh

O R D E R

This writ petition has been filed to issue a writ of mandamus, forbearing the respondents and their subordinates from interfering with the electricity amenity for the petitioner's house No.52/2, Narasimhasamy Koil Street, Tiruttani, Thiruvallur District.

2. The case of the petitioner is that the petitioner is the owner of the property bearing house No.52/2, Narasimhasamy Koil Street, Thiruttani and he obtained electricity connection from the Electricity Board. Aggrieved by the same, one Narasimhan, who is the 3rd respondent herein made a complaint as against the petitioner before the Electricity Board. Pursuant to the same, the 1st respondent also issued a show cause notice to the petitioner on 30.09.2022 to disconnect the electricity connection. Challenging the same, the present writ petition is filed with the above said prayer.

3. The learned counsel for the petitioner submits that an electricity connection has already been effected in favour of the petitioner upon satisfaction of his title. Subsequently, an objection was raised by the 3rd respondent, pursuant to which the impugned show cause notice was issued. However, the said notice lacks certainty and justification unless the 3rd

respondent establishes his title before the competent court. The dispute is purely civil in nature between the petitioner and the 3rd respondent. Therefore, the 3rd respondent must seek remedy before the appropriate court of law rather than approaching the electricity board for disconnection of the petitioner's electricity supply, which is not legally sustainable.

4. The learned counsel for the respondents submitted that an enquiry will be conducted in between the petitioner and the 3rd respondent and appropriate orders will be passed within a time fixed by this Court.

5. In view of the above, the respondents are directed not to interfere with the peaceful enjoyment of the petitioner's electricity connection until the conclusion of the enquiry proceedings initiated by them.

6. Pursuant to this direction, the respondents shall conclude the enquiry proceedings within a period of twelve (12) weeks from the date of receipt of a copy of this order, after providing an opportunity to both the petitioner and 3rd respondent. Until such time, the interim order shall remain in force. M.DHANDAPANI,J uma

7. Accordingly, this writ petition is disposed of . No costs. Consequently, connected miscellaneous petition is closed.

09.10.2025 Index : Yes/No (2/2) : Yes/No Speaking/non-speaking order uma To 1.The Assistant Engineer Tamil Nadu Electricity Board Thiruttani 2.The Chairman TANGEDCO Anna Salai, Chennai-600 002.

and W.M.P No.29827 of 2022