Sumathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.7387 & 7388 of 2024 Sumathi .. Petitioner Vs.
1.The District Collector, Pudukkottai.
2.The District Revenue Officer , Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai.
4.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Pudukkottai.
5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Central Zone, Near Old Bus Stand, EB Complex, Pudukkottai.
6.Gunasekaran .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the order passed by the 4th respondent in Ka.No.Se.Po/E.Ka/Pudu/Va.Aa/Ko.Pu.Manu/A.No./127/2023 and quash the same as illegal and arbitrary and in consequences there of direct the 5th respondent to give electricity service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town. (Prayer amended vide order dated 10.09.2025 in W.M.P(MD)No.12349 of 2024) For Petitioner : Mr.P.Ganapathi Subramanian For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader For R4 & R5 : Mr.S.Deenadhayalan Standing Counsel For R6 : Mr.V.Selvakumar
ORDER
The petitioner seeks writ of certiorarified mandamus calling for the records of the 4th respondent dated 26.02.2024 in Ka.No.Se.Po/E.Ka/Pudu/Va.Aa/Ko.Pu.Manu/A.No./127/2023 and quash the same and consequently direct the 5th respondent to grant electricity
service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town.
2. It is the contention of the petitioner that the property in T.S.No. 6256/7 was assigned in favour of the petitioner and under the Natham Settlement Scheme, patta was also issued in her favour. Her mother had purchased the property comprised in T.S.No.6256/9 and had constructed a house in it where she was residing for over 40 years. T.S.No.6257/8 is in the possession and enjoyment of the petitioner's brother in whose favour patta has also been issued.
3. The petitioner would submit that she had executed a settlement deed in favour of her husband on 24.01.2020 thereby settling an extent of 128 square meter in T.S.No.6256/8. Likewise her brother had executed a settlement deed on 24.01.2020 settling an extent of 132 square meter in T.S.No.6256/7 in her favour. The petitioner would submit that the 6th respondent who had no right to the properties comprised in T.S.No. 6256/7, 8 and 9 had filed a suit in O.S.No.195 of 2016 on the file of the
District Munsif Court, Pudukkottai as against the petitioner, her parents and her brothers seeking a relief of permanent injunction in respect of T.S.No.6256/3.
4. The petitioner would submit that she had proposed to put up a construction in the property comprised in T.S.Nos.6256/7 and 8 and had obtained approval from the Commissioner of Pudukkottai Municipality on 04.05.2023. She had also completed the construction and was residing in it. Thereafter, she had also made an application for electricity service connection on 29.10.2020, but the same has not been given to her.
5. Meanwhile, the petitioner came to learn that the 3rd respondent had passed an order on 12.06.2020 stating that appeal proceedings with respect to the transfer of patta was pending and therefore, electricity service connection cannot be given in respect of properties comprised in T.S.No.6256/3, 7, 8 and 9. The petitioner had come to know about this order only recently. Since her request was not been considered, the petitioner had filed W.P.(MD)No.22854 of 2023 calling upon the
respondents to consider her request and pass orders. The said writ petition is pending. The impugned order has been passed stating that in the light of the pendency of W.P(MD)No.5901 and 5905 of 2020, the electricity service connection cannot be given. Therefore, the petitioner is before this Court.
6. Heard the learned counsel on either side.
7. The writ petitions which are the basis for rejecting the request of the petitioner are writ petitions filed by the petitioner seeking a mandamus forbearing the respondents, namely revenue authorities from interfering with the petitioner's peaceful possession and enjoyment of the property in Survey Nos.6256/7 and 8. Further, the suit in O.S.No.195 of 2016 filed by the 6th respondent is only with reference to T.S.No.6256/3 and has nothing to do with the properties of the petitioner and her brother. That apart, even on the date of passing of the impugned order, W.P(MD)Nos.5901 and 5905 of 2020 had been disposed of. Therefore, the observation of the 4th respondent that since the writ petitions are
pending, electricity service connection cannot be granted cannot be countenanced.
8. Hence, the impugned order is set aside and the 5th respondent is directed to effect electricity service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town within a period of three (3) weeks from the date of receipt of copy of this order.
9. With the above directions, this Writ petition stands allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 10.09.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Pudukkottai.
2.The District Revenue Officer , Pudukkottai.
3.The Revenue Divisional Officer, Pudukkottai.
4.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Pudukkottai.
5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Central Zone, Near Old Bus Stand, EB Complex, Pudukkottai.
P.T.ASHA, J.
gbg 10.09.2025