Madras High CourtWP/5057/2023disposed of

U.Anjammal v. The District Collector

2026-04-24Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 5079 OF 2023,WMP NO. 5077 OF 2023,WMP NO. 5078 OF

1. U.Anjammal w/o.Ulaganathan, No.278, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

2. Sarasu w/o.Ramachandran, No.278, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

3. Saradhammal w/o.Valamuthu, No.23, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

4. Vaduvambal w/o.Vadimuthu, No.196B, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

5. Valarmathi w/o.Lakshmanan, No.246, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

6. Thavamani w/o.Nagaraj, No.22-A, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

7. Indirani w/o.Veeraiyan, No.242, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

8. Kala w/o.Krishnamurthy, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

9. Ilakiya w/o.Krishnamurthy, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

10.Shanthi w/o.Palanivel, No.135, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

11.Selvi w/o.Mathiazhagan, 55/29, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

12.Hema w/o.Suresh, 246A, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

13.Manonmai w/o.Arumugam, 11/4, Hospital Street, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

14.Mageswari w/o.Jayaraman, No.6, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

15.Kannagi w/o.Sekar, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

16.Vasantha w/o.Marikannau, No.2, Maruthangaveli Thoppu

St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

17.Dhanalakshmi w/o.Ramaiyan, Maruthangaveli Thoppu St, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

..Petitioner(s) Vs

1. The District Collector Collectorate, Tiruvarur.

2. The Superintending Engineer TANGEDCO, Tiruvarur District, Tiruvarur and Post.

3. the Executive Engineer TANGEDCO, Tiruvarur, Tiruvarur District

4. The Asst. Executive Engineer, TANGEDCO, Thiruthuraipoondi and Post, Tiruvarur District

5. The Asst.Engineer TANGEDCO, Muthupettai Town and Post, Thiruthuraipoondi Tk, Tiruvarur dist.

6. The executive Officer Town Panchayat, Muthupettai, Thiruthuraipoondi Taluk, Tiruvarur District.

7. Rathinaswamy S/o.Pichaiyan, Therkukadu, Muthupettai Town and Post, Thiruthuraipoondi Taluk, Tiruvarur District.

..Respondent(s) Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the respondents 2 to 5 to provide the electricity service connections to the petitioners houses by obtaining to indemnity bond as per the Tamil Nadu Electricity Manual

For Petitioner(s):

Mr.K.M.Subrahmaniam For Respondent(s):

Mr.P.Ganesan, Government Advocate for R1 and R6 Mr.D.B.R.Prabhu, Standing Counsel for R2 to R5 No appearance for R7 Order This writ petition has been filed to direct the respondents 2 to 5 to provide the electricity service connections to the petitioners houses.

2. Case of the petitioners is that they have been residing in the house sites located at Maruthangaveli Thoppu Street in Muthupettai Town for more than four decades. Originally the said house sites belonged to the category of Ryotwari property under the Government of Tamil Nadu and ryotwari pattas were issued to many persons. They have also been provided with the ration card and voter ID card by the Government of Tamil Nadu and Aadhaar Card. The petitioners' houses consist of thatched roofing and they are living with their family members. They have been in continuous possession and enjoyment of the properties for more than 40 years. Hence, the petitioners had approached the respondents to provide the electricity service connection to their houses. However the same was rejected on the ground that there was an objection raised by the 7th respondent, who claimed ownership over the ryotwari patta lands. Hence, the petitioners are before this Court.

3. Learned counsel for the petitioner submitted that though the petitioners have been living in that area for more than 4 decades, they have been deprived of the basic necessity of electricity service connection to their houses. The learned counsel for the petitioners placed reliance upon the order passed in a similar set of writ petitions i.e. W.P.Nos.12891 & 12892 of 2018, wherein this Court has considered the request of the petitioners therein and the relevant portion of the said order is extracted hereunder: 6.Upon hearing, it appears that, after all the petitioner seeks for electricity service connection, which is essential for the livelihood. For the past 15 years, the petitioner has been residing without electricity connection, even after paying the property tax.

This Court wonder how the property tax was assessed from the petitioner for the agali poramboke land and on what basis, the respondents 1 and 2 making a claim that the said property is an agali poramboke land when the petitioner is assessed with the property tax. If it is an agali poramboke land, it is for the third respondent to evict the petitioner. As per the Tamilnadu Electricity Distribution Code, it is clear that, even if there is any title dispute, the resident of the property is entitled for the electricity connection.

"(12) 1 [Supply shall be given in poromboke land on production of~ (i) No Objection certificate obtained from the Officer (not below the rank of Deputy Tahsildar) or (ii) Where such No Objection Certificate could not be produced by the applicant for service connection the following undertaking shall be furnished:~ . (1) "I am aware that I am liable to be evicted and for supply disconnection at any time if the lands are required by the Government and / or any dispute arises at a later date and that electricity supply given in this regard will not confer any claim on ownership of the land. (2) I am aware

that the above undertaking shall not confer permanent and full right to the ownership of the land.]"

7.From the perusal of the above, this Court is of the view that, the petitioner is entitled for electricity connection after getting -No Objection Certificate- from the concerned officer or by producing indemnity bond. In the present case, the property tax was assessed from the petitioner and the receipt of the property tax is also filed by the petitioner and thus, it is clear that the petitioner is in the possession of the property. 8.Further, even if there is any dispute pending with regard to the title of the property, the person who is in the possession of the property is entitled for the electricity connection.

At any cost, the electricity service connection cannot be denied under the pretext that there is a title dispute, because, once the title is in dispute is decided, the true owner is always entitled to take legal steps to evict the person who is in possession of the property. Based on the provision of the service connection, the petitioner certainly cannot claim the title over the property. In such being the case, this Court does not find any impediment for the respondents 1 and 2 to provide electricity connection in the name of the petitioner. Therefore, this Court directs the respondents 1 and 2 to provide the electricity connection within a period of four weeks from the date of receipt of a copy of this order.''

4. In view of the order cited above, this Court directs the respondents to provide the electricity connection to the petitioners, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that based on the provision of the service connection, the petitioner certainly cannot claim the title over the property. It is also seen that the petitioner has filed an Unregistered Enjoyment Deed executed between the petitioners and the owner

of the land and the petitioners are rightly holding possession of the said lands within the knowledge of the original owners. In such circumstances, if there is any title dispute, the true owner is always entitled to take legal steps to evict the person who is in possession of the property.

5. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 24-04-2026 Index: Yes/No Speaking/Non-speaking order SK To