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Madras High CourtWP/36505/2025disposed of with direction

S.Menaka v. The Superintending Engineer

2025-10-08Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI S.Menaka ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Tiruvannamalai.

2.The Assistant/Junior Engineer, TANGEDCO, Mallavady, Vellore road Mallavady.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 28.03.2025 passed by the 2nd respondent in proceeding K.No.E.Mi.Po/E&P/Mallavady/Ko.Thani/ A.No.142 and quash the same as illegal and direct the 1st respondent to consider the representation given by the petitioner for shifting the Agricultural Electricity Service Connection No.02-207-005-120 from a well in Survey No.109/21B to a well in Survey No.126/6A, Karunthuvambadi distribution.

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For Petitioner : Mr.T.L.Thirumalaisamy For Respondents : Mr.S.Swami Subramanian Standing Counsel *****

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 28.03.2025 passed by the 2nd respondent in proceeding K.No.E.Mi.Po/E&P/Mallavady/Ko.Thani/A.No.142 and quash the same as illegal and direct the 1st respondent to consider the representation given by the petitioner for shifting the Agricultural Electricity Service Connection No.02-207-005-120 from a well in Survey No.109/21B to a well in Survey No.126/6A, Karunthuvambadi distribution.

2. The case of the petitioner is that she is the owner of the land in S.No.126/6A and one Vadivel Naicker, who is the brother of her fatherin-law, is the owner of the land in S.No.109/21. There was a partition suit in between the parties and the same ended in compromise. As per the compromise decree, the land in S.No.126/6A was allotted to the petitioner along with the electricity service connection situated in Page No.2 of 6

S.No.109/21B. However, the land in S.No.109/21B was allotted to the said Vadivel Naicker. Thereby, she made an application for transfer of electricity connection from S.No.109/21B to S.No.126/6A, however the same was rejected by the 2nd respondent vide impugned order dated 28.03.2025 on the ground that there is no transfer clause available in the decree. Challenging the same, the petitioner has filed the above writ petition before this Court.

3. Though very many grounds have been raised in this writ petition, however, at the time of arguments, learned counsel appearing for the petitioner restricted his prayer and sought permission of this Court to appear before the 2nd respondent along with the owner of the land in S.No.109/2B and if he has no objection for transferring the electricity service connection, the 2nd respondent may be directed to shift the electricity service connection from S.No.109/2B to S.No.126/6A forthwith.

4. In view of the limited request sought for by the learned counsel for the petitioner, this Court, without interfering with the impugned order, grants liberty to the petitioner to appear before the 2nd respondent Page No.3 of 6

along with the owner of the land in S.No.109/21B. If the owner of the land in S.No.109/21B has no objection for shifting the electricity service connection from S.No.109/21B to S.No.126/6A, the 2nd respondent shall transfer the same to the petitioner's land in S.No.126/6A.

5. With the above liberty, this Writ Petition is disposed of. No costs.

08.10.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Superintending Engineer, TANGEDCO, Tiruvannamalai.

2.The Assistant/Junior Engineer, TANGEDCO, Mallavady, Vellore road Mallavady.

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M.DHANDAPANI, J.

sp 08.10.2025 Page No.6 of 6