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Madras High CourtWP(MD)/25365/2025dismissed

Ponmuthu v. The Assistant Electrical Engineer

2025-11-04Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.25365 of 2025 and W.M.P(MD)No.19878 of 2025 Ponmuthu ... Petitioner Vs.

1. The Assistant Electrical Engineer, Rural Area (West), Tamil Nadu Electricity Board, Theni - 625 531.

2. The Thasildar, Kodangipatti, Bodinayakkanur, Theni District.

3. Murugan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 1st respondent in Tamil Nadu Generation and Distribution Corporation Limited Ka.No. E.Mi PoVu E and / Mea/Theni/Ko.Ka/ANo/125/25-26/dated 01.09.2025 and quash the same as illegal and consequently restrain the 1st respondent 1/6

from installing any electric poles in Survey No. 316/3B, Kodangipatti, Bodinayakkanur, Theni District and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.M.Jerin Mathew For R1 and R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 : No Appearance

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 1st respondent in Tamil Nadu Generation and Distribution Corporation Limited Ka.No. E.Mi PoVu E and / Mea/Theni/Ko.Ka/ANo/125/25-26/dated 01.09.2025 and quash the same as illegal and consequently restrain the 1st respondent from installing any electric poles in Survey No. 316/3B, Kodangipatti, Bodinayakkanur, Theni District and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice."

2. Heard the learned counsel on either side.

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3. The Court notice sent to the 3rd respondent has been returned as unclaimed. However, perusal of the documents filed would indicate that the petitioner does not own the land in question. The sale deed under which the petitioner has purchased the property dated 12.09.1994 is only with respect to S.No.315/13, 315/18, 315/15 and 316/5.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that already two poles have been erected and only one pole remains to be erected.

5. Considering the fact that the petitioner is not the owner of the property in question, he cannot restrain the respondents from carrying out their duty and the 3rd respondent from seeking an electricity service connection.

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6. Therefore, the writ petition stands dismissed. It is also informed that the suit is now pending. It is needless to state that the electricity service connection shall be ultimately subject to the result of the suit. No costs. Consequently, connected miscellaneous petition is closed. 04.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Assistant Electrical Engineer, Rural Area (West), Tamil Nadu Electricity Board, Theni - 625 531.

2. The Thasildar, Kodangipatti, Bodinayakkanur, Theni District.

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P.T.ASHA, J.

rgm W.P.(MD).No.25365 of 2025 and W.M.P(MD)No.19878 of 2025 04.11.2025 6/6