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Madras High CourtWP(MD)/4931/2020disposed of

P.Tamilarasi v. The Superintending Engineer

2025-12-02Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2025

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WP(MD) NO. 4931 of 2020 and WMP(MD) NO.4303 of 2020 P.Tamilarasi .....Petitioner Vs 1.The Superintending Engineer TANGEDCO Tirunelveli Electricity Distribution Circle Tirunelveli 2.The Assistant Engineer TANGEDCO Tirunelveli Electricity Distribution Circle Shanthi Nagar, Tirunelveli 3.The Executive Officer Arulmigu Venkatachalapathy Temple Thimmarajapuram Palayamkottai, Tirunelveli District ....Respondents (R3-Suo motu impleaded vide order dated 23.02.2021) Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to give electricity suplly to the petitioner's house in Survey No.163/1A and which is assigned in Patta No.1 at Main Road, Thimmarajapuram Village, Palayamkottai Taluk, 1/4

Tirunelveli District by getting application from the petitioner in accordance with law.

For Petitioner : Mr.G.Kasinathadurai For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 & R2 :Mr.H.Arumugam for R3

ORDER

The present writ petition has been filed seeking a mandamus as against the Electricity Board to provide service connection to the petitioner's house in Survey No.163/1A in Patta No.1 at Main Road,Thimmarajapuram Village, Palayamkottai Taluk, Tirunelveli District.

2.The 3rd respondent temple has been suo motu impleaded. 3.According to the 3rd respondent, the land belongs to the temple and one of the devotees have filed a Public Interest Litigation in WP(MD).No.19456 of 2020 seeking to remove the encroachments in the lands belonging to the temple including the present survey number in which the petitioner is said to have put up a house property. The order was passed by the Hon'ble Division Bench on 24.11.2022 directing the Department to initiate proceedings under Section 78 of the Hindu Religious and Charitable Endowments Act, 1959.

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4.Pursuant to the order of the Division Bench, proceedings were initiated under Section 78 of HR & CE Act as against the writ petitioner and the order of eviction has been passed on 03.11.2025. 5.In view of the fact that the petitioner has already suffered an order of eviction, this Court is not inclined to issue any positive orders to the Electricity Board to provide service connection to the writ petitioner. In case, if the petitioner succeeds in his appeal before the concerned authority under HR & CE Act, he is entitled to revive his request for service connection. 6.With the above said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.12.2025 Internet : Yes/No Index : Yes/No NCC : Yes/No msa 3/4

R.VIJAYAKUMAR, J.

msa WP(MD) NO. 4931 of 2020 and WMP(MD) NO.4303 of 2020 02.12.2025 4/4