Kamaliya v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.16283 of 2019 Kamaliya ... Petitioner Vs.

1. The Superintending Engineer, TANGED CO Ltd., Ramnad Electricity Distribution Circle, Ramanathapuram

2. The Asst. Executive Engineer, TANGEDCO, Ramanathapuram.

3. Aysha Ammal

4. Abdul Samathu ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 20.06.2019. For Petitioner : Mr.J.Barathan For R1 and R2 : Mr.S.Deenadhayalan Standing Counsel For R3 and R4 : No Appearance 1/6

ORDER

The writ petition has been filed seeking a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 20.06.2019.

2. The brief facts as set out in the affidavit filed in support of the writ petition reads as follows:- The case of the petitioner is that the property comprised in S.No.138/5 at Sathankulam Village, Tirunelveli District measuring an extent of 2 Acres and 47 Cents, originally belonged to one Mohaideen Rawother. The said Mohaideen Rawother had settled the property in favour of his sons namely Abdul Majidhu, Abdul Muthalibu, Abdul Kareem and Amir Sulthan vide settlement deed dated 07.03.1967.

3. While so, the said Abdul Majidhu had filed a suit in O.S.No.177 of 2014, on the file of the District Munsif Court, Ramanathapuram against his brothers and others praying for decree of partition of his 1⁄4 share and to declare sale deeds dated 09.01.1984, 28.03.1984, 10.04.1985, 10.08.1987, 29.12.1999, 23.03.2009, 21.09.1984, 17.08.1984, 13.11.1984 and 2/6

30.09.1985 as null and void. During the pendency of the suit, the said Abdul Majidhu had passed away and his legal representatives were brought on record.

4. At this juncture, the third parties who claimed to have purchased the portions of the subject property had contested the suit. The 3rd respondent and another had filed I.A.No.1100 of 2014, before the District Munsif Court, Ramanathapuram to strike of the suit in O.S.No.177 of 2014 and the same was allowed by an order dated 19.12.2018, against which the petitioner has preferred an appeal in A.S.No.06 of 2016, on the file of the Subordinate Court, Ramanathapuram and the same is pending.

5. At this juncture, the respondents 3 and 4 have made an application before the respondents 1 and 2 for grant of electricity service connection to the subject property.

6. However, the petitioner has sent a representation dated 20.06.2019 to the respondents 1 and 2 and had raised objections in this regard. To date no action has been taken and hence, the petitioner is before this Court.

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7. Mr.S.Deenadhayalan, learned Standing Counsel appearing for the respondents 1 and 2 would submit that the representation submitted by the petitioner dated 20.06.2019 will be considered and orders will be passed within the time stipulated by this Court.

8. In view of the same, without expressing any opinion on the merits of the matter, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 20.06.2019 and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

9. The writ petition stands disposed of with the above observations. No costs.

14.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Superintending Engineer, TANGED CO Ltd., Ramnad Electricity Distribution Circle, Ramanathapuram

2. The Asst. Executive Engineer, TANGEDCO, Ramanathapuram.

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P.T.ASHA, J.

rgm W.P.(MD).No.16283 of 2019 14.11.2025 6/6