C.Panchanathan v. The Superintendent Of Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.Panchanathan ... Appellant/Respondent vs.
1.The Superintendent of Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Pudukottai, Pudukottai District.
2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Operation and Maintenance, Alangudi, Pudukottai District.
3.Kalaiselvi ... Respondents/Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 03.10.2023 made in W.P(MD)No.23374 of 2022. 1/5
For Appellant : Mr.V.Selvakumar For RR 1 & 2 : Mr.S.Deenadhayalan
JUDGMENT
(Judgment of the Court was delivered by J. NISHA BANU, J.) The present Writ Appeal is directed against the order passed by the Writ Court dated 03.10.2023 made in W.P(MD)No.23374 of 2022. 2.The appellant was the owner of the land in Survey No.196/9 in Thirumanancheri Village and he had applied for free agricultural service connection for the said land. Thereafter, he sold the said land to one Sumathi in the year 2005, who in turn, sold the same to the third respondent in the year 2022. While so, the TANGEDCO Authorities had considered the application submitted by the petitioner and given free agricultural service connection in respect of the said land. The appellant, taking advantage of the said free agricultural service connection granted, made a representation seeking free agricultural service connection in respect of another land owned by him. The said request of the appellant was rejected by the second respondent. Challenging the same, the appellant filed the Writ Petition and the Writ Court passed the following order: 2/5
"3.It is well settled that an application for free agricultural service connection will run with the land. The petitioner is the third respondent's vendor's vendor. The petitioner can only curse his fate. When his application was taken up for consideration, he was no longer the owner of the land. The third respondent was owning the land. The order impugned is in consonance with the settled guidelines. No interference is warranted. This Writ Petition stands dismissed." 3.As rightly held by the Writ Court, the application for free agricultural service connection will run with the land and not with the erstwhile owner. Further, when the appellant's application was taken up for consideration, he was no longer the owner of the land, whereas the third respondent was owning the land. Therefore, the order of the writ Court cannot be found fault with. Accordingly, this Writ Appeal stands dismissed. There shall be no as to costs. [J.N.B.,J.] & [S.S.Y.,J.] 13.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5
To 1.The Superintendent of Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Pudukottai, Pudukottai District.
2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Operation and Maintenance, Alangudi, Pudukottai District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 13.02.2025 5/5