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Madras High CourtWP/47017/2025disposed of

Balamuthu v. The Junior Engineer (O And M)

2025-12-05Honourable Mr Justice N. Sathish Kumar5 pages

2026:MHC:20

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR & W.M.P.Nos.52529 & 52532 of 2025 Balamuthu .. Petitioner

Versus

1. The Junior Engineer (O & M) Mamallapuram TANGEDCO Mamallapuram - 603 104

2. The Tahsildar Thirukazhikundram Taluk Thirukazhikundaram - 603 109 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records in impugned proceedings in Na.Ka.No.796/2024/A1 dated 04.10.2024 on the file of the first respondent herein and quash the same and consequently direct the first respondent to issue service connection to the petitioner property at Survey No.50/2, Bharathi Street, Pooncherry Village, Mamallapuram Town Panchayat, Thirukazhikundram Taluk, Chengalpattu District without insisting no objection certificate from the second respondent.

For Petitioner : Mr.B.Manoharan For Respondents : Mr.L.Jai Venkatesh Standing counsel for R1 1 / 5

Mr.D.Gopal Government Advocate for R2

ORDER

The petitioner challenges the communication dated 04.10.2024 bearing reference Na.Ka.No.796/2024/m1.

2. It is the case of the petitioner that he purchased a property to an extent of 225 sq.ft by virtue of a registered sale deed dated 13.05.2003. Though the said land has been classified as a natham vacant site, later the second respondent has also issued a No objection certificate and the petitioner has applied for Electricity Service Connection. When the matter stood thus, the impugned order came to be passed stating that the petitioner's brother has objected to give service connection claiming a share in the property. Hence, the petitioner has come forward with the present writ petition.

3. Mr.L.Jaivenkatesh, learned Standing counsel accepts notice for the first respondent and Mr.D.Gopal, learned Government Advocate accepts notice for the second respondent and with the consent of all the counsel, the writ petition itself is taken up for disposal at the admission stage itself.

2 / 5

4. Admittedly, the petitioner purchased the property from a person, who was in possession and enjoyment of the property and the second respondent has also issued No Objection for providing the electricity service connection vide letter dated 02.07.2024 bearing reference. Na.Ka.No.796/2024/A1. On a perusal of the impugned order it is seen that the second respondent has sent a communication to the first respondent not to effect service connection only based on the objection raised by the petitioner's brother. This Court is of the view that when the petitioner purchased the property by way of a registered sale deed, it is for the petitioner's brother to prove his title in the manner known to law and that is not the ground for rejection of service connection to the petitioner.

5. In such view of the matter, the first respondent is directed to consider the application of the petitioner and grant electricity connection. As learned Standing counsel for the first respondent submits that the application of the petitioner has been rejected, the petitioner is directed to give a fresh application within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the first respondent shall consider the application of the petitioner and grant electricity service connection after payment of necessary charges. 3 / 5

With the above direction, this writ petition is disposed of. Consequently, the connected miscellaneous petitions are closed. There shall be no order as to costs.

05.12.2025 Index :Yes/No :Yes/No gpa To

1. The Junior Engineer (O & M) Mamallapuram TANGEDCO Mamallapuram - 603 104

2. The Tahsildar Thirukazhikundram Taluk Thirukazhikundaram - 603 109 4 / 5

N. SATHISH KUMAR , J.

gpa W.P.No.47017 of 2025 05.12.2025 5 / 5