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Madras High CourtWP(MD)/21835/2025disposed of

A.Ramesh Babu v. The Superintendent Engineer

2025-08-11Honourable Mr Justice C. Saravanan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.16904 & 16907 of 2025 A.Ramesh Babu ... Petitioner Vs

1. The Superintendent Engineer, (Consumer Grievance Redressal Forum), Tamil Nadu Electricity Board Distribution, Tirunelveli Circle, Tirunelveli.

2. The Executive Engineer, Tamil Nadu Electricity Board Distribution/Town, KTC Nagar, Maharaja Nagar Post, Tirunelveli, Tirunelveli District.

3. The Junior Engineer, Tamil Nadu Electricity Board Distribution/Town Office, Thacchanallur, Tirunelveli, Tirunelveli District.

... Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to impugned proceedings in Ka.No.Se.Po/NaPu/ThiLi/Va.Aa/ Ko.Nu.Ku.Thee.Manu/A.No.2381/25-26, dated 09.07.2025 on the file of the second respondent and quash the same as illegal and arbitrary and consequently, direct the respondents to restore the agriculture Electricity service connection in service No.007-021-44 to the petitioner's agriculture lands bearing in survey Nos. 74/1, 74/4, 74/5, which are situated at Kattampuli, Rajavillipuram Village, Tirunelveli Taluk, Tirunelveli District within the time limit that may be stipulated by this Court.

For petitioner : Mr. A.D.Ganeshamoorthi For respondents : Mr.S.Deenadhayalan Standing Counsel *****

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.

2. The petitioner is aggrieved by the impugned communication, dated 2/7

09.07.2025, issued by the second respondent rejecting the petitioner's representations, dated 10.06.2025 and 12.07.2025 to restore the EB connection in Service No.007-021-44 given to the petitioner's agricultural lands in Survey Nos. 74/1, 74/4 and 74/5, situated at Kattampuli, Rajavillipuram Village, Tirunelveli Taluk, Tirunelveli District, pursuant to the order passed by this Court in W.P. (MD) No.10661 of 2025, dated 21.04.2025, filed by the petitioner.

3. Specific case of the petitioner is that the disconnection of the EB connection on the petitioner's agricultural lands is without notice to the petitioner.

4. That apart, it is submitted that the deceased Raja was the relative of the petitioner, who had trespassed into the agricultural lands of the petitioner and while trying to take water illegally, got electrocuted and died and therefore, the petitioner cannot be made responsible for any loss on account of the said Raja.

5. The learned Standing Counsel for the respondents, on the other hand, submits that the EB connection was wrongly used for providing electrical fencing illegally and thus, the accident occurred and therefore, the EB connection was disconnected.

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6. I have considered the arguments advanced by the learned counsel for the petitioner and learned Standing Counsel for the respondents.

7. It is noticed that in view of the said accident, the petitioner's brother has been proceeded against in the criminal case as well in FIR registered in Crime No.134/2025, dated 26.02.2025 for the offences under Sections 194 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

8. A reading of the FIR does not seem to indicate that the death was happened while the deceased trespassed into the lands of the petitioner as was stated by the petitioner.

9. It is noticed that the charge sheet has been filed and the same is taken on file in P.R.C.No.346 of 2025 before the Judicial Magistrate Court-III, Tirunelveli.

10. Considering the same, since the case is now pending before the Court and there will be a final determination as to whether the petitioner/petitioner's brother indeed were responsible for the death of the said Raja. Pending such exercise, the impugned order is quashed and further proceedings are kept in 4/7

abeyance, with a liberty to revisit the same as and when the orders are passed by the Judicial Magistrate Court-III, Tirunelveli in P.R.C.No.346 of 2025.

11. However, considering the fact that there was a death on the petitioner's agricultural land, the petitioner is directed to pay a sum of Rs.25,000/- to the family of the deceased. This is without prejudice the rights of the prosecution in the FIR registered against the petitioner/petitioner's brother and without prejudice to the rights to proceed further against the petitioner/petitioner's brother.

12. As and when the petitioner pays the amount to the deceased's family, the EB connection shall be restored.

13. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 11.08.2025 Internet : Yes / No apd 5/7

To

1. The Superintendent Engineer, (Consumer Grievance Redressal Forum), Tamil Nadu Electricity Board Distribution, Tirunelveli Circle, Tirunelveli.

2. The Executive Engineer, Tamil Nadu Electricity Board Distribution/Town, KTC Nagar, Maharaja Nagar Post, Tirunelveli, Tirunelveli District.

3. The Junior Engineer, Tamil Nadu Electricity Board Distribution/Town Office, Thacchanallur, Tirunelveli, Tirunelveli District.

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C.SARAVANAN, J.

apd 11.08.2025 7/7