S.Mari v. The Junior Electrical Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.9141 of 2025 S.Mari ... Petitioner / Appellant Vs.

1.The Junior Electrical Engineer, Distribution (Thatchanallur), TANGEDCO, Tirunelveli.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai.

3.The Mutawallis, Kareem Sha Thaikka Pallivasal, Thatchanallur, Tirunelveli.

... Respondents / Respondents 1/5

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to allow this writ appeal by setting aside the order passed in W.P.(MD)No.5988 of 2015, dated 07.03.2025 by allowing the writ appeal.

For Appellant : Mr.V.S.Kishok Kumar For Respondents : Mr.S.Deenadhayalan Standing Counsel for R1 : Mr.S.A.Ajmal Khan Standing Counsel for R2 : Mr.H.Arumugam for R3

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The subject property is a waqf property standing in the name of Kareem Sha Thaikka Pallivasal, Thatchanallur, Tirunelveli. The Mutawalli had executed a lease deed in favour of the appellant for a period of 11 months. It appears that the purpose of the lease was to 2/5

enable the appellant to put up a temporary structure for running a grocery shop. Since the appellant wanted electricity service connection, he approached the TANGEDCO authorities. The TANGEDCO authorities insisted on No Objection Certificate from the Chief Executive Officer, Tamil Nadu Wakf Board, Chennai. Challenging their stand, the tenant filed W.P.(MD)No.5988 of 2025. The learned single Judge took the view that without getting No Objection Certificate from the Chief Executive Officer, Tamil Nadu Wakf Board, Chennai, service connection cannot be granted. Challenging the order of the learned single Judge, this writ appeal has been filed.

3. When the matter was taken up for hearing, the learned standing counsel for Wakf board drew our attention to the Circular dated 10.03.2022 issued by the Tamil Nadu Waqf Board. The said circular is clear and categorical and calls upon the authorities concerned not to entertain No Objection Certificate issued by any authority of Tamil Nadu, Waqf Board other than the Chief Executive Officer, Tamil Nadu Waqf Board for the purpose of providing any service to the Waqf Institutions. The order of the learned single Judge is right in holding that 3/5

Mutawalli cannot issue NOC. To enable the appellant to get the electricity service connection, it is the Chief Executive Officer of the Tamil Nadu Wakf Board, who is the authority competent to issue NOC. We do not find any ground to fault the order of the learned single Judge.

4. The Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (K.R.S., J.) 23.06.2025 rmi Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 4/5

G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

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