Karunanithi v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.16104 of 2025 Karunanithi ... Petitioner Vs

1. The Superintending Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), Pudukkottai.

2. The Assistant Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), Nachanthupatti, Thirumayam Taluk, Pudukkottai District.

3. Manickam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to forbear the respondents 1 and 2 from effecting electricity service connection in SC No.06-182-005-436 pertaining to house 1/5

property bearing S.F. No.187/37 in Patta No.644, situated in Kottur Village, Thirumayam Taluk, Pudukkottai District, in the name of the third respondent on the basis of his application by considering the petitioner's objection, dated 18.07.2025.

For petitioner : Mr. K.G.Arunkumar.

For respondents : Mr.S.Deenadhayalan Standing Counsel for R1 & R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Standing Counsel for the respondents 1 and 2 and after dispensing with the notice on the third respondent, as no adverse orders are proposed to be passed against the third respondent.

2. The petitioner claims that the third respondent has obtained patta in respect of the land in Survey No.187/37 by mistake from the Tahsildar and that steps are being taken to cancel the patta.

3. It is submitted that in the same land, the petitioner's family has been in 2/5

possession and they have put up a house and also they are in possession and that the EB connection has also been given in the name of the petitioner in No.SC-06-082-005-436.

4. It is further submitted that based on the patta obtained by the third respondent, the third respondent is now attempting to change the service connection to his name and therefore, the petitioner has approached this Court.

5. That apart, it is submitted that the petitioner has also initiated proceedings for declaration and injunction against the third respondent in O.S.No. 167 of 2008 before the District Munsif Court, Tirumayam, which, however, dismissed. An appeal is pending before the First Appellate Court namely, Sub Court, Thirumayam in A.S.No.3 of 2025.

6. There are several disputed questions of fact and therefore, at this stage, there can be no positive direction as has been prayed for by the petitioner in this 3/5

case. Suffice to state that any change or alteration of the name in the above service connection, that shall be carried out after due notice to the petitioner, in case any application is received in this regard from the third respondent.

7. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 31.07.2025 Internet : Yes / No apd To

1. The Superintending Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), Pudukkottai.

2. The Assistant Engineer, Tamil Nadu Power Distribution Corporation Limited (TNPDCL), Nachanthupatti, Thirumayam Taluk, Pudukkottai District.

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C.SARAVANAN, J.

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