K.P.Selvaraj v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18588 of 2025 and W.M.P(MD) No.14241 of 2025 K.P.Selvaraj ... Petitioner Vs.

1.The Executive Engineer, Maintenance and Distribution, TANGEDCO, Thuraiyur, Trichy District.

2.The Assistant Engineer, TANGEDCO, Uppiliyapuram, Trichy District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to give electricity supply to the commercial buildings in Survey No.207/4, New Survey No.209/77, Patta No.675, Uppiliyapuram, Thuraiyur Taluk, Trichy District based on the petitioner's representation, dated 21.06.2024 by getting application from the petitioner in accordance with law. For Petitioner : Mr.G.Kasinathadurai For Respondents : Mr.S.Deenadhayalan Standing Counsel 1/10

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondents.

2. The petitioner claims to have built a commercial complex way back in 2011. It appears that the petitioner was also given a temporary service connection on 01.10.2011. Subsequently, after the completion of the commercial complex, the petitioner applied for the permanent connection, which was rejected on the ground that the petitioner had built a complex on a poramboke land.

3. In this background, the petitioner has approached the District Munsif Court, Thuraiyur in O.S.No.9 of 2020 for a mandatory injunction to direct the respondents to issue power connection. In the aforesaid suit, the petitioner has also filed I.A.No.3 of 2020, which came to be ordered on 28.04.2022, content of which reads as under:

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4. In this background, the petitioner has sent a representation, dated 21.06.2024 asking respondents to give power connection. However, by communication dated 31.10.2024, the respondent has called upon the petitioner to reply. The said communication is read as under: 4/10

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5. In this background, the petitioner has replied stating that in the light of the pendency of the above said suit and considering the fact that the revenue authorities are not giving necessary documents and it may not be possible for the petitioner to get the desired document. In this connection, the petitioner has once again sent a representation 21.06.2024, wherein the petitioner has drawn attention to the Board order, dated 04.07.2020, wherein it has been stated as under:

6. In this connection, the instructions were issued vide reference (5) cited based on the Tamil Nadu Combined Development and Building Rules, 2019. As there was a deviation from the said Rules, 2019, in the above instructions, the same is now withdrawn. In the light of the position stated in paragraphs 2 to 5 above, the following revised instructions are issued for strict adherence throughout the state, which will supersede all earlier instructions including based on the orders of the Hon'ble High Court, Madras:

(c) Production of Completion Certificate shall not apply to constructions in progress as per the valid approved plans accorded on or before 04.02.2019 including subsequent renewal period and also for buildings constructed already as per the approved plan and completion certificate is awaited from the competent authority.

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6. Considering the same, there shall be a direction to the respondent Nos. 1 and 2 to consider the petitioner's representation, dated 21.06.2024 for giving power connection to the petitioner's commercial complex within a period of six weeks from the date of receipt of copy of this order. This power connection shall be given without prejudice of the revenue authorities to remove the allged encroachment by the petitioner over the land.

7. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 9/10

C.SARAVANAN, J.

Indu To 1.The Executive Engineer, Maintenance and Distribution, TANGEDCO, Thuraiyur, Trichy District.

2.The Assistant Engineer, TANGEDCO, Uppiliyapuram, Trichy District.

W.P(MD).No.18588 of 2025 09.07.2025 10/10