Balasubramanian V v. The Executive Engineer (O And M)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.15335 of 2025 and W.M.P(MD)No.11587 of 2025 V.Balasubramanian ..Petitioner Vs 1.The Executive Officer, TANGEDCO, Paramakudi, Ramanathapuram District.

2.The Assistant Engineer (O & M), TANGEDCO, City/South Division/TNPDCL, Paramakudi, Ramanathapuram District.

3.V.Arunachalam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent vide his proceedings in Ka.No.

E.Mi.Po/Na/They/Parama/Ko:Complaint/A.

No.148/25 dated 27.03.2025 and to quash the same as illegal and consequently direct the second respondent to provide electricity connection to the petitioner for his house property in T.S.No.17/33 Ward G Block 25 Old Survey No.156/1A1A1 in Paramakudi Town, Ramanathapuram District.

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For Petitioner : Mr.D.Senthil For Respondents : Mr.S.Deenadhayalan (for R1 & R2)

ORDER

The petitioner is before this Court against the impugned order dated 27.03.2025 passed by the second respondent/Assistant Engineer (O & M), TANGEDCO, City/South Division/TNPDCL, Paramakudi, Ramanathapuram District. By the impugned order, the request of the petitioner for a grant of electricity connection to put up a construction over 600 square feet of the land purchased by the petitioner from one Selvam on 15.11.2024 has been rejected on the ground that the land in question was meant for a park in Balan Nagar, Paramakudi.

2. It is the specific case of the petitioner that the vendor's vendor of the petitioner obtained patta, and thereafter, the petitioner's vendor changed the patta, and after purchase, the patta was also issued to the petitioner. Therefore, there cannot be any impediment in granting electricity service connection to the petitioner.

3. Prima facie, there are indications that the land comprised in S.No.156/1A1A1 situated at Balan Nagar, Paramakudi Town, is 2/4

meant for public purpose, namely, a Park, which has been sold by one Selvam to the petitioner, who had purchased the land from one Manirajan, who in turn had purchased the same from one Pandi, who in turn purchased the same from one Natarajan. Unless the petitioner can establish that the land in question is not meant for public purpose, the question of granting an electricity connection to the petitioner cannot be countenanced. It appears that there is a civil suit in O.S.No.110 of 2013 pending before the District Munsif Court, Paramakudi. The petitioner has to implead himself in the said suit and workout his remedy. Merely because the petitioner has obtained patta in respect of the land, which purportedly was earmarked for public purpose, would not entitle the petitioner to the electricity connection over the encroached land.

4. Therefore, this writ petition is dismissed with liberty to the petitioner to implead himself as a party in O.S.No.110 of 2010 pending on the file of the District Munsif Court, Paramakudi, for appropriate relief. It is always open for the petitioner to move an appropriate application for expeditious disposal of the suit. No costs. Consequently, connected miscellaneous petition is closed. 09.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/4

C.SARAVANAN, J.

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