Madras High CourtWP(MD)/10914/2024allowed

S.Baskaran v. The District Collector

2026-04-02Honourable Mr.Justice Hemant Chandangoudar8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.10914 of 2024 S.Baskaran ... Petitioner Vs.

1.The District Collector Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sattur Division, Virudhunagar District.

3.The Tahsildar Vembakottai Taluk, Virudhunagar District.

4.The Commissioner Vembakottai Panchayat Union, Virudhunagar District.

5.The Executive Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Sivakasi, Virudhunagar District.

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6.The Assistant Executive Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Ltd., B.Subbaiyapuram, Vembakottai Taluk, Virudhunagar District.

7.The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Elayirampannai, Vembakottai Taluk, Virudhunagar District 8.The President E-Duraisamipuram Panchayat, Vembakottai Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 7th respondent in his proceedings dated 11.03.2024 in Ka.No.U.Mi.Po./Pagir/Aa.Pannai/ Ko.Kattu/A.No./24 and quash the same and consequently direct the 6th and 7th respondents to provide Electricity Service connection to the petitioner's property including the Fireworks Industries (B.K.Fireworks Industries License stands in the name of the petitioner's wife Sermaselvi) situated at Survey Nos.16/1A, 16/1B1A, 16/1B2A of Servaikaranpatti Village, E.Duraisamipuram Panchayat, Vembakottai Taluk, Virudhunagar District, based on his payment through online portal dated 28.02.2024. 2/8

For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.S.Kameswaran - for R1 to R3 Government Advocate Mr.S.Deenadhayalan, - for R5 to R7 Standing counsel M/s.D.Farjana Ghoushia - for R8 Special Government Pleader *****

O R D E R

The petitioner challenges the order dated 11.03.2024 issued by the seventh respondent, whereby the petitioner's application for sanction of electricity service connection to his Fireworks Industry situated in Survey Nos.16/1A, 16/1B1A and 16/1B2A, at Servaikaranpatti Village, E.Duraisamipuram Panchayat, Vembakottai Taluk, Virudhunagar District, has been rejected.

2. The learned Standing Counsel appearing for respondents 5 to 7 submits that the petitioner's application was rejected on the ground that there exists a dispute regarding right of way, which is the subject matter of a pending civil suit between the petitioner and third parties. 3/8

Hence, according to the respondents, the petitioner is not entitled to electricity service connection.

3. The learned counsel for the petitioner, however, refutes the above submission by stating that the petitioner is not a party to the said suit and that there is no order of injunction restraining the respondents from providing service connection to the petitioner's property.

4. The only reason assigned in the impugned order for rejection of the petitioner's request is the pendency of a civil suit relating to right of way in Survey Nos.14/1, 14/2, 14/3 and 15, and objections raised by residents for drawing transmission lines and erection of poles. Merely because a civil dispute is pending, the petitioner cannot be denied electricity service connection, which is a basic amenity. The respondents are under an obligation to provide such service connection, if necessary, by seeking police protection.

5. In view of the above, the impugned order passed by the seventh respondent is unsustainable and is liable to be set aside. 4/8

6. Accordingly, the writ petition is allowed and the impugned order dated 11.03.2024 is quashed. The seventh respondent is directed to provide electricity service connection to the petitioner's Fireworks Industry situated in the aforesaid lands, subject to the petitioner satisfying all other requirements. In the event of any obstruction by third parties, respondents 6 and 7 shall extend necessary police protection. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

7. The learned Standing Counsel for respondents 5 to 7 further submits that the petitioner's earlier application has since been closed, as the impugned order was passed in the year 2024.

8. In view of the above submission, the petitioner is granted liberty to submit a fresh application for electricity service connection. Upon such application being made, the respondents shall consider the same and provide service connection to the petitioner's Fireworks Industry in the aforesaid lands within a period of four (4) weeks from the 5/8

date of receipt of such application, subject to the petitioner satisfying all other requirements. No costs.

02.04.2026 Index :Yes / No NCC :Yes / No rm 6/8

To 1.The District Collector Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sattur Division, Virudhunagar District.

3.The Tahsildar Vembakottai Taluk, Virudhunagar District.

4.The Commissioner Vembakottai Panchayat Union, Virudhunagar District.

5.The Executive Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Sivakasi, Virudhunagar District.

6.The Assistant Executive Engineer (Distribution), Tamil Nadu Generation and Distribution Corporation Ltd., B.Subbaiyapuram, Vembakottai Taluk, Virudhunagar District.

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HEMANT CHANDANGOUDAR, J.

rm W.P.(MD)No.10914 of 2024 02.04.2026 8/8