Dismissed¶28

C.Panchanathan v. The Superintendent of Engineer

Madras HC13 Feb 2025WA(MD)/171/2025

Case brief

AI extract

What is this about?

Free agricultural service connection application runs with the land, not the erstwhile owner; original applicant (vendor's vendor) not entitled after selling the land to the present owner. W.A(MD)No.171 of 2025, Madras High Court (Madurai Bench), 13.02.2025, J. Nisha Banu & S. Srimathy — appeal dismissed, affirming Writ Court order of 03.10.2023 in W.P(MD)No.23374 of 2022 rejecting C. Panchanathan's claim against TANGEDCO (Superintendent of Engineer, Pudukottai; Executive Engineer, Alangudi); third respondent Kalaiselvi is the current owner.

What did the court decide?

An application for a free agricultural service connection runs with the land and not with the erstwhile owner. ¶28

C.Panchanathan Vs The Superintendent of Engineer — Madras HC (2025) — LawSathi Research

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W.A(MD)No.171 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.02.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.A(MD)No.171 of 2025

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C.Panchanathan

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... Appellant/Respondent

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vs.

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1.The Superintendent of Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Pudukottai, Pudukottai District.

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2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Operation and Maintenance, Alangudi, Pudukottai District.

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3.Kalaiselvi

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... Respondents/Respondents

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PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 03.10.2023 made in W.P(MD)No.23374 of 2022.

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1/5

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https://www.mhc.tn.gov.in/judis

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For Appellant : Mr.V.Selvakumar For RR 1 & 2 : Mr.S.Deenadhayalan

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W.A(MD)No.171 of 2025

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JUDGMENT

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(Judgment of the Court was delivered by J. NISHA BANU, J.)

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The present Writ Appeal is directed against the order passed by the Writ Court dated 03.10.2023 made in W.P(MD)No.23374 of 2022.

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2.The appellant was the owner of the land in Survey No.196/9 in Thirumanancheri Village and he had applied for free agricultural service connection for the said land. Thereafter, he sold the said land to one Sumathi in the year 2005, who in turn, sold the same to the third respondent in the year 2022. While so, the TANGEDCO Authorities had considered the application submitted by the petitioner and given free agricultural service connection in respect of the said land. The appellant, taking advantage of the said free agricultural service connection granted, made a representation seeking free agricultural service connection in respect of another land owned by him. The said request of the appellant was rejected by the second respondent. Challenging the same, the appellant filed the Writ Petition and the Writ Court passed the following order:

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https://www.mhc.tn.gov.in/judis

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2/5

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W.A(MD)No.171 of 2025

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“3.It is well settled that an application for free agricultural service connection will run with the land. The petitioner is the third respondent's vendor's vendor. The petitioner can only curse his fate. When his application was taken up for consideration, he was no longer the owner of the land. The third respondent was owning the land. The order impugned is in consonance with the settled guidelines. No interference is warranted. This Writ Petition stands dismissed.”

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3.As rightly held by the Writ Court, the application for free

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agricultural service connection will run with the land and not with the erstwhile owner. Further, when the appellant's application was taken up for consideration, he was no longer the owner of the land, whereas the third respondent was owning the land. Therefore, the order of the writ Court cannot be found fault with. Accordingly, this Writ Appeal stands dismissed. There shall be no as to costs.

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[J.N.B.,J.] & [S.S.Y.,J.] 13.02.2025

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NCC : Yes / No Index : Yes / No Internet : Yes ps

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3/5

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https://www.mhc.tn.gov.in/judis

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W.A(MD)No.171 of 2025

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1.The Superintendent of Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Pudukottai, Pudukottai District.

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2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Operation and Maintenance, Alangudi, Pudukottai District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.A(MD)No.171 of 2025

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J.NISHA BANU, J. and S.SRIMATHY, J.

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ORDER MADE IN W.A(MD)No.171 of 2025

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