Petitioner sought implementation of an order transferring an electricity service connection to her name amid a title dispute over property bought by her husband in his mother's name. The court noted a civil suit on title was pending and directed restoration of the disconnected service connection without affecting parties' rights.
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W.P.(MD).No.34791 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.12.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.34791 of 2025
S.Anandavalli
...Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the petitioner representation dated 23.09.2025 as per the order dated 23.09.2025 passed by the first respondent.
For Petitioner : Mr.K.P.S.Palanivel Rajan Senior Counsel for Mr.S.Lingarasu For Respondents : Mr.S.Deenadhayalan Standing Counsel
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O R D E R
The present Writ Petition has been filed seeking a Mandamus directing the first respondent to consider the request of the petitioner dated 23.09.2025 and to implement the order dated 23.09.2025 passed by the first respondent.
2. The property in dispute was originally standing in the name of one Balammal, who is the mother-in-law of the writ petitioner. According to the learned Senior Counsel appearing for the writ petitioner, her husband, viz, M.Saravanan purchased the property in the name of his mother. After the death of the writ petitioner's husband, there was a dispute between the mother-in-law and daughter-in law. In such circumstances, Balammal registered a sale deed in favour of a third party namely, Sundar. Based upon the above said sale deed, the respondent authorities transferred the service connection in the name of Sundar. However, on the complaint of Balammal, again it was transferred to her name by way of proceedings dated 23.09.2025. The present writ petition has been filed to implement the said order.
3. The learned Standing Counsel appearing for the respondents brought to the notice of this Court that the order of the Superintending Engineer dated
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14.10.2025, wherein it is stated that as per the legal opinion obtained the said order has been recalled subject to outcome of the pending civil suit. Further, as per the said order, Sundar has purchased the property from Balammal by way of registered sale deed and therefore the service connection continues in
the name of Sundar.
4. The writ petitioner has already filed a suit in O.S.No.126 of 2023 before the Principal District Court, Sivagangai as against the Balammal and Malairaj seeking declaration of title and permanent injunction. It is submitted that Sundar was also subsequently impleaded in the said suit.
5. In view of the title dispute pending before the competent civil court as on today, the service connection shall continue in the name of Sundar, who is the registered sale deed holder from Balammal.
6. The learned Senior Counsel appearing for the petitioner submits that the service connection has been disconnected by the respondent authority and the same may be restored. It is contended by the learned Senior Counsel for the writ petitioner that she is in possession of the property and the authorities
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may be directed to restore the service connection on payment of appropriate charges.
7.The authorities are directed to restore the service connection to the property which is alleged to be in possession of the writ petitioner. However, the restoration of service connection will not in any way affect the rights of the parties to the civil suit.
8. With the above said observation, this Writ Petition stands disposed
of. There shall be no order as to costs.
03.12.2025
NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi
Note: Issue order copy on 03.12.2025
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To
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R.VIJAYAKUMAR,J.
ebsi
W.P(MD)No.34791 of 2025
03.12.2025
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1 issue framed by the court
Whether the electricity authorities should restore the service connection to the property in the petitioner's possession pending a title dispute in a civil suit?
1 provisions across 1 enactments
S.Anandavalli
The Assistant Engineer, Tamil Nadu Electricity Board, Sipcot, Manamadurai, Sivagangai District
The Executive Engineer, Tamil Nadu Electricity, Sipcot, Manamadurai, Sivagangai District
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
