K.Madhesan v. The Junior Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.08.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH K.Madhesan, S/o. Late Kandasamy ..Petitioner Vs.

1. The Junior Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Tharamangalam Post, Omalur Taluk, Salem District.

2. M.Sanjay Sawla S/o.Madhanlal D Sawla

3. Tmt.L.Ammani, W/o.A.Loganathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to provide electricity connection to the petitioner's house situated at S.No.153/1A1C1A1A to an total extent of 4,392 sq.ft at Sugavaneshwara Nagar, Tharamangalam Town Panchayat 1st Ward, Sooramangalam Road, Plot No.13, 25, 26 situated at Tharamangalam Village, Omalur Taluk, Salem District by 1/4

considering the representation of the petitioner dated 12.05.2025. For Petitioner : Mr.K.Balu For Respondents : Mr.I.Syed Sibghatulla Standing Counsel [R1] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the application submitted by the petitioner wherein the petitioner is seeking for providing service connection to the subject property.

2. Heard Mr.K.Balu, learned counsel for petitioner and Mr.I.Syed Sibghatulla, learned Standing Counsel appearing for first respondent.

3. When the matter was taken up for hearing, learned Standing Counsel appearing for the first respondent produced the written instructions received from the Assistant Engineer. On going through the same, it is seen that the petitioner has already filed a suit before the Principal District Judge, Salem, which is pending in O.S.No.687 of 2023 and has sought for the relief of specific 2/4

performance as against respondents 2 and 3. It is further stated that unless and otherwise the petitioner produces the relevant documents to show his ownership over the property, the service connection cannot be given to the petitioner.

4. In the considered view of this Court, the status of the petitioner is that of an agreement holder and that by itself does not give any right or title over the property unless the suit filed by the petitioner is decreed and the sale deed is executed in favour of the petitioner. In other words, an agreement holder cannot approach the electricity board and seek for service connection since the title continues with the original owner. Therefore, the relief as sought for in the present writ petition is not sustainable. Depending upon the final result in the pending suit, the petitioner can revive the claim before the first respondent Corporation.

This writ petition is disposed of in the above terms. No costs. 25.08.2025 Speaking/Non-speaking order Index : Yes / No gm N. ANAND VENKATESH, J.

gm 3/4

To The Junior Engineer, Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Tharamangalam Post, Omalur Taluk, Salem District.

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