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Madras High CourtWP/7001/2026dismissed

S.Fathima Begam v. The Tamil Nadu Wakf Board

2026-03-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No.7001 of 2026 S.Fathima Begam

...Petitioner

Vs The Tamil Nadu Wakf Board, Represented by its Chef Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

...Respondent

Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 10.01.2025 to provide NOC to provide electricity connection to the property situated at T.S.No.2034, Thenkasi Road, Old Ward -8/New Ward-Ae, Block-14, Kandiyaperi-2, Palayapettai, Thirunelveli, Thirunelveli-627 008.

For Petitioner :

Mr.M.Jaisingh For Respondent : Mr.Haja Mohideen Gisthi

O R D E R

This Writ Petition has been filed to direct the respondent to consider the petitioner's representation dated 10.01.2025 to provide NOC to obtain electricity connection to the property situated at T.S.No.2034, Thenkasi Road, Old Ward -8/New Ward-Ae, Block-14, Kandiyaperi-2, Palayapettai, Thirunelveli, Thirunelveli-627 008.

2. The petitioner claiming that she has been in occupation of the subject property for more than 100 years, applied for electricity service connection for cattle shed attaching NOC issued by the owner of the property, namely, Miyasa Pallivasal. However, the application was rejected on the ground that the petitioner has not produced NOC from the Tamil Nadu Wakf Board. The petitioner relies on the order passed by this Court in similar nature in W.P.No.6734 of 2018. The petitioner has earlier filed a writ petition in W.P.No.3747 of 2024 for a direction to the respondents to consider her representation dated 22.10.2024 to provide EB connection to the property which was disposed of on 19.11.2024, directing the first respondent to consider the representation of the petitioner dated 22.10.2024. Since the same was not

complied with, the petitioner filed a contempt petition in Cont.P.No.2048 of 2024 and only thereafter, the second respondent passed an order on 22.06.2025, rejecting the petitioner's representation. Thereafter, the petitioner has sent a representation on 10.01.2025 to the respondent to get NOC to the land to which she requires electricity connection. Since the same was not considered till date, the petitioner is before this Court.

3. The learned counsel appearing for the petitioner reiterated the contentions set out in the affidavit filed in support of this petition and sought for aforesaid relief.

4. The learned counsel appearing for the respondent submits that the subject property belonged to the respondent and the petitioner has no right over the property and her remedy is available only before the Wakf Tribunal and not before this Court.

5. Admittedly, the petitioner has not enclosed any document to substantiate her possession and title. That apart, she has only enclosed some receipts showing payment of tax. In view of the explanation appended to Rule

27(4) of the Distribution Code, unless the possession is legal, person in possession of the property cannot obtain electricity connection. Therefore, the petitioner has to necessarily prove her possession and obtain NOC from the Tamil Nadu Wakf Board, for which, she has to approach the Wakf Tribunal in the manner known to law.

6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

02.03.2026 Index: Yes/No Speaking/Non-speaking order ssb To The Tamil Nadu Wakf Board, Represented by its Chef Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

M.DHANDAPANI, J.

ssb W.P.No.7001 of 2026 02.03.2026