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Madras High CourtWP/45831/2025disposed of

Hamasaveni B.V. v. The Divisional Executive Engineer

2025-12-02Honourable Mr Justice N. Sathish Kumar5 pages

IN THE

IN THE HIGH COURT OF JUDICATURE AT MADRASOF

JUDICATURE AT MADRAS Dated: 02.12.2025 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

1. Mrs.Hamsaveni

2. Mr.N.R.Sudhakar ..Petitioners Vs.

1. The Divisional Executive Engineer Operation and Maintenance TNEB, Rayakota Road Hosur Town & Taluk Krishnagiri District

2. The Assistant Executive Engineer Operation and Maintenance TNEB, Hosur Hosur Town & Taluk Krishnagiri District

3. The Assistant Engineer Operation and Maintenance TNEB, Karnur Sub-Station Mathigiri Post, Hosur Taluk Krishnagiri District

4. Mrs.Kamrun ... Respondents Writ Petition filed under Article 226 of Constitution of India for issuance of writ of certiorarified mandamus to quash the impugned order of the 3rd respondent vide proceeding No.K.En.U.Po/E&Pa/Karnoor/Ko. 1/5

CI/A.En.042/2025-26 dated 26.08.2025 and subsequently direct the Respondents 1 to 3 to take appropriate action after conducting fresh enquiry for the cancellation of the illegal electricity service connection bearing No.08-086-008-1670 standing in the name of the fourth respondent, which has been obtained in respect of the land owned by us comprised in Old Survey No.340/1, New Survey No.340/1H, situated at Achettipalli Village, Hosur Taluk, Krishnagiri District.

For Petitioners ...

Mr.S.Sivapandi For Respondents ...

Mr.S.Madhushudanan Standing counsel for R1 to R3 ------

O R D E R

The petitioners challenge the impugned order dated 26.08.2025 rejecting the application filed by the petitioners to cancel the electricity connection effected in the name of the fourth respondent. 2.It is the grievance of the petitioners that while effecting electricity connection to the fourth respondent, electricity pole has been erected in the petitioners' land without the consent of the writ petitioners. In this regard, the petitioners approached the third respondent several times, but the third respondent without conducting enquiry passed the impugned order stating that the petitioners need to get an appropriate court order for disconnecting the electricity connection given to the fourth respondent. Hence, the present writ petition.

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3. Today, when the matter was taken up, the learned counsel for the petitioners submitted that it will suffice if Respondents 1 to 3 are directed to conduct proper enquiry after giving notice to the petitioners and the fourth respondent and take a decision in accordance with law.

4. In such view of the matter, the impugned order third respondent dated 26.08.2025 is set side and the matter is remitted to the respondents to conduct fresh enquiry by giving opportunity to both sides viz., the petitioners and the fourth respondent and take a decision. After enquiry, if it is found that the pole has been erected in the land of the petitioners without their consent, then the efforts should be taken to shift the pole to the fourth respondent's land.

With the above direction, this writ petition is disposed. of. There shall be no order as to costs.

02.12.2025 (1/2) Index: Yes/No Internet: Yes/No gpa 3/5

To

1. The Divisional Executive Engineer Operation and Maintenance TNEB, Rayakota Road Hosur Town & Taluk Krishnagiri District

2. The Assistant Executive Engineer Operation and Maintenance TNEB, Hosur Hosur Town & Taluk Krishnagiri District

3. The Assistant Engineer Operation and Maintenance TNEB, Karnur Sub-Station Mathigiri Post, Hosur Taluk Krishnagiri District 4/5

N. SATHISH KUMAR, J gpa 02.12.2025 5/5