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Madras High CourtWP/49600/2025allowed

R.Selvakumar, v. The Chairman-Cum Managing Director,

2026-01-02Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.55445 of 2025 R.Selvakumar ... Petitioner Vs.

l.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No. 144, Anna Salai, Chennai - 600 002 2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Ariyalur-621 713.

3..The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Jayankondam North, Ariyalur District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the entire records relating to the impugned Order passed by the 1st Respondent dated 04.08.2025 and to Quash the same with consequential direction directing the Respondents to provide new electricity service connection to the Petitioner for his house constructed comprised in S.No,69/7 of Devanur Village, Andimadam Taluk, Ariyalur District, within the time frame as fixed by this Hon'ble Court and to pass such further or other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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For Petitioner : Mr.S.Senthil For Respondents : Mr.Suresh Kumar, Standing Counsel for R.1 to R.3.

O R D E R

The above Writ Petition has been filed for the following reliefs:- "to call for the entire records relating to the impugned Order passed by the 1st Respondent dated 04.08.2025 and to Quash the same with consequential direction directing the Respondents to provide new electricity service connection to the Petitioner for his house constructed comprised in S.No,69/7 of Devanur Village, Andimadam Taluk, Ariyalur District, within the time frame as fixed by this Hon'ble Court and to pass such further or other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. It is the case of the petitioner that the land comprised in S.No,69/7 of Devanur Village, Andimadam Taluk, Ariyalur District is the ancestral land of the petitioner and his father late Ramanujam. Due to a family dispute, the petitioner and his mother had filed a suit for partition in OS.No.6 of 2013, on the file of the Principal District Court, Ariyalur 2/7

against the children of the Petitioner's father thorough his second wife, seeking to allot 7/12 share to the petitioner and 1/2 share to his mother, in the suit property. After the demise of the petitioner's mother, the plaint was amended seeking 8/12 share in the suit property in favour of the petitioner. The learned Principal District Judge, Ariyalur, by judgment and decree dated 11.01.2023, allotted a 2/6th share in Item Nos. 1 to 33, 34, 37, 39, 42, 45, 46, 48, and 50 of the Schedule 'A' property and a 2/6th share in the Schedule 'B' property to the petitioner and dismissed the suit in respect of the remaining items of the suit property. Challenging the said judgment and decree, both the petitioner herein and the defendant in O.S. No. 6 of 2013 had preferred appeals before this Court by filing A.S. Sr. No. 52987 of 2024 and A.S. No.

519 of 2023 respectively, and the same are still pending. 3.The petitioner would submit that, as he was residing with his family in a rented premises and found it very difficult to continue to sustain his family therein, he decided to construct a house in a small portion of the suit property. Accordingly, the petitioner commenced construction of a residential house in Survey No. 69/7, Devanur Village, Andimadam Taluk, Ariyalur District. Objecting the said construction, the defendant in the suit OS.No.6 of 2013, namely, Ramajeyam had filed a Direction Petition in C.M.P.No.24641 of 2024 in A.S.No.

to prohibit the Petitioner from constructing aforesaid house in the subject property. This Court, after hearing the parties, by order dated 25.11.2024, dismissed the said Direction Petition and permitted the Petitioner to construct a residential house in the subject property to an extent of 693 sq.ft.

4. Thereafter, the petitioner completed the construction of the residential house and submitted an application for electricity connection to TANGEDCO through an online application bearing Reference No.200063250725594 dated 03.07.2025, along with the necessary documents, including the order passed by this Court in C.M.P. No. 24641 of 2024 in A.S. No. 519 of 2023, and paid the prescribed amount of Rs.5,575/-.

5. On 22.07.2025, the petitioner had received a letter form the 3rd respondent stating that the petitioner had not enclosed any document showing title over the subject property and had directed the Petitioner to produce the same within a period 7 days. On 28.07.2025, the petitioner had sent a detailed reply to the 3rd respondent narrating the entire facts and attached a copy of order passed by this Court and relevant documents. Thereafter, on 04.08.2025, the petitioner had received the impugned 4/7

communication from the TANGEDCO in and by which the petitioner's application has been rejected on the ground of "Legal Dispute" without considering the detailed reply of the petitioner. Challenging, the same, the petitioner is before this Court.

6. Heard the learned counsel on either side and perused the records.

7. A perusal of the impugned order would indicate that the same is a one line non-speaking order wherein the respondent had rejected the petitioner's application simply quoting "Legal Dispute" without elaborating either on the dispute or on the document submitted on the side of the petitioner. Therefore, the impugned order passed by the 1st respondent dated 04.08.2025 cannot be sustained and liable to be set aside.

8. Accordingly, the Writ Petition is allowed. The impugned order passed by the respondent dated is set aside and the matter is remitted back to the 1st respondent for fresh consideration. The 1st respondent shall pass a speaking order after giving an opportunity of personal hearing to the petitioner and considering the order passed by this Court in C.M.P.No.24641 of 2024 in A.S.No.519 of 2023 and also taking note of the 5/7

fact that the petitioner has completed the construction of the residential house pursuant to the order passed by this Court. The said exercise shall be completed within a period a period of 2 months from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

02.01.2026 (shr) Index : Yes/No Speaking Order: Yes/No To l.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No. 144, Anna Salai, Chennai - 600 002 2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Ariyalur-621 713.

3..The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Jayankondam North, Ariyalur District.

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P.T. ASHA . J., (shr) 02.01.2026 7/7