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Madras High CourtWP(MD)/25798/2025allowed

Saravanan C v. The Superintending Engineer

2025-09-19Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.25798 of 2025 and W.M.P(MD)No.20189 of 2025 C.Saravanan ..Petitioner Vs.

1. The Superintending Engineer Tamil Nadu Generation Electricity and Distribution Corporation Limited (TANGEDCO), Sivaganga Electricity Distribution Circle, Sivagangai District - 630 562.

2. The Executive Engineer Karaikudi Division, VOC Road, Kalanivasal, Karaikudi - 630 002,

3. The Assistant Executive Engineer Devakottai, Devakottai, 1/6

4. The Assistant Engineer Rural South Devakottai, Devakottai - 630 302,

5. Chinnakannan C ... 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 relating to impugned communication of the fourth respondent dated 31.05.2025 (not sent directly) cancelling the Application Ref. No. 200054170525288 given by the petitioner on 03.05.2025 for three phase electricity service connection to his property at Door No.4/396, Vagaikudi Pudur, Nagadi Panchayat, Devakottai Taluk, Sivagangai District and to quash the same and consequently direct the fourth respondent to give three phase electricity service connection to the petitioner's property. For Petitioner : Mr.A.Saravanan For Respondents : Mr.S.Deenadhayalan

ORDER

This writ petition has been filed challenging the impugned communication of the fourth respondent dated 31.05.2025, whereby the Application Ref. No.200054170525288, submitted by the petitioner on 2/6

03.05.2025 for a three-phase electricity service connection to his property situated at Door No.4/396, Vagaikudi Pudur, Nagadi Panchayat, Devakottai Taluk, Sivagangai District, was cancelled, and consequently seeks a direction to the fourth respondent to effect the said service connection.

2. Heard the learned counsel for the petitioner, and the learned Standing Counsel appearing for respondents. Perused the materials available on record. Since no adverse order is going to be passed, notice to the fifth respondent is dispensed with.

3. The learned counsel for the petitioner submitted that the impugned communication is a non-speaking order and does not disclose any reason for cancellation of the petitioner's application. It was further submitted that the petitioner was not afforded an opportunity of being heard before passing such an adverse order, which is in violation of the principles of natural justice. Therefore, the impugned order is liable to be set aside.

4. On the other hand, the learned Standing Counsel for the respondents submitted that the impugned communication was issued based on certain administrative grounds, and the respondents are willing to reconsider the petitioner's request if the matter is remitted for fresh. 3/6

5. On a perusal of the impugned order dated 31.05.2025, it is evident that the same merely cancels the petitioner's application without assigning any reason or basis for such decision. A non-speaking order which does not disclose the reasons leading to the decision cannot be sustained in the eye of law.

6. Accordingly, the impugned communication of the fourth respondent dated 31.05.2025 is set aside. The matter is remitted back to the fourth respondent for fresh consideration. The petitioner is directed to submit his explanation along with supporting documents within a period of one (1) week from the date of receipt of a copy of this order. On receipt of the same, the fourth respondent shall pass a fresh, reasoned order, after affording an opportunity of personal hearing to the petitioner as well as to any interested parties, within a period of four (4) weeks thereafter.

7. This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

19.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No skn 4/6

To:-

1. The Superintending Engineer Tamil Nadu Generation Electricity and Distribution Corporation Limited (TANGEDCO), Sivaganga Electricity Distribution Circle, Sivagangai District - 630 562.

2. The Executive Engineer Karaikudi Division, VOC Road, Kalanivasal, Karaikudi - 630 002,

3. The Assistant Executive Engineer Devakottai, Devakottai,

4. The Assistant Engineer Rural South Devakottai, Devakottai - 630 302, 5/6

P.T.ASHA, J.

skn Writ Petition(MD)No.25798 of 2025 and W.M.P(MD)No.20189 of 2025 19.09.2025 6/6