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Madras High CourtWP/35671/2025dismissed

K.Madhesh v. The Superintending Engineer

2025-09-18Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.Madhesh ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Dharmapuri.

2.The Executive Engineer, TANGEDCO, Dharmapuri.

3.Perumal ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 2 to disconnect the electricity No.006-018-108-158 which was unlawfully given to the 3rd respondent in the petitioners' land situated at Pappinaickanahalli Village, comprised in S.No.603/2E1, Dharmapuri Taluk & District, by considering the petitioners' representation dated 10.03.2025 and 07.04.2025. For Petitioner : Mr.J.Bharathi Raja For Respondents : Mr.Swami Subramaniam[R1 & R2] Notice dispensed with [R3] ***** Page No.1 of 4

ORDER

The petitioner has come forward with this Writ Petition seeking for a direction to respondents 1 and 2 to disconnect the electricity service connection bearing No.006-018-108-158, which was unlawfully given to the 3rd respondent in the petitioner's land comprised in S.No.603/2E1 at Pappinaickanahalli Village, Dharmapuri Taluk & District, by considering the petitioner's representations dated 10.03.2025 and 07.04.2025.

2. Since no adverse order has been passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

3. Mr.Swami Subramaniam, learned counsel accepts notice on behalf of the respondents 1 and 2. In view of the consent expressed by the learned counsel for the parties, this Writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner claims himself to be the owner of the land measuring an extent of 14.32 cents comprised in S.No.603/2E1 situated at Pappinaickanahalli Village, Dharmapuri Taluk & District and the same was purchased by him, vide registered Sale deed dated 06.12.2024 bearing Page No.2 of 4

Doc.No.6589 of 2024, from one Kaliappan & others and he was in peaceful possession and enjoyment of the said property and the revenue records have also been mutated in his favour. Whileso, the 3rd respondent herein, who is the neighbour of the petitioner, was in occupation of a portion of the land comprised in S.No.603/2E, however, his entire land has been subsequently acquired by the National Highways Authority of India. Pursuant to the same, the 3rd respondent had illegally shifted the electricity connection bearing No.006-018-108-158 obtained by him for domestic purpose from his property to the petitioner's property. Immediately after knowing the same, the petitioner made representations before the respondents on 07.04.2025 and 10.03.

2025 respectively, seeking to disconnect the above said electricity connection obtained and subsequently shifted to the petitioner's property, by the 3rd respondent and he also approached the officials respondents in person. However, till date, no action has been taken by the respondents 1 and 2 in this regard. Hence, the petitioner has filed this writ petition before this Court for appropriate orders.

5. The issue arises in this writ petition has to be decided only by a competent Civil Court. This Court cannot go into the merits or otherwise the claim made by the petitioner.

Page No.3 of 4

M.DHANDAPANI, J.

sp

6. Therefore, this Writ Petition is dismissed giving liberty to the petitioner to raise all of his grievances as against the 3rd respondent before the appropriate Civil Court. It is made clear that this Court has not expressed any opinion on the merits of the matter. No costs. 18.09.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Superintending Engineer, TANGEDCO, Dharmapuri.

2.The Executive Engineer, TANGEDCO, Dharmapuri.

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