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Sumathi v. The District Collector

Madras HC10 Sept 2025WP(MD)/8185/2024

Case brief

AI extract

What is this about?

Electricity service connection refused citing pending writ petitions - certiorarified mandamus under Article 226 - TANGEDCO Pudukkottai - Natham Settlement Scheme patta - suit O.S.No.195 of 2016 injunction T.S.No.6256/3 - W.P.(MD) No.8185 of 2024 - Madurai Bench, Madras High Court - P.T. Asha J.

What did the court decide?

Impugned order of the 4th respondent dated 26.02.2024 set aside; 5th respondent directed to effect electricity service connection to the house in T.S.No.6256/7 and 8 of Pudukkottai Town within three weeks; no costs; connected miscellaneous petitions closed. ¶57

Sumathi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the observation/order of the 4th respondent that electricity service connection cannot be granted since the writ petitions (W.P(MD)Nos.5901 and 5905 of 2020) are pending is sustainable. +1 more

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Court's answer

The observation of the 4th respondent that electricity service connection cannot be granted since the writ petitions are pending cannot be countenanced.

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Ratio / Principle

The suit O.S.No.195 of 2016 filed by the 6th respondent relates only to T.S.No.6256/3 and has nothing to do with the properties of the petitioner and her brother; further, the writ petitions relied on for refusal were themselves the petitioner's own mandamus petitions concerning Survey Nos.6256/7 and 8 and stood disposed of even on the date of the impugned order.

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Key takeaways

The impugned order is set aside and the 5th respondent is directed to effect electricity service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town within three (3) weeks from receipt of a copy of the order.ratio¶56

Detailed headnote1 paragraphs

Writ petition under Article 226 allowed. The Executive Engineer, TANGEDCO, Pudukkottai had refused electricity service connection to the petitioner's house in T.S.Nos.6256/7 and 8, Pudukkottai Town, citing pendency of W.P(MD)Nos.5901 and 5905 of 2020. The Court held this unsustainable: those writ petitions were the petitioner's own mandamus petitions concerning the very survey numbers and had already been disposed of when the impugned order was passed, and the 6th respondent's suit O.S.No.195 of 2016 concerned only T.S.No.6256/3, not the petitioner's properties. The impugned order was set aside and the Assistant Engineer, TANGEDCO directed to effect the electricity service connection within three weeks.

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W.P.(MD) No.8185 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.09.2025

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.8185 of 2024 and

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W.M.P(MD)Nos.7387 & 7388 of 2024

Sumathi

.. Petitioner

Vs.

1.The District Collector, Pudukkottai.

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2.The District Revenue Officer , Pudukkottai.

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3.The Revenue Divisional Officer, Pudukkottai.

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4.The Executive Engineer,

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Tamil Nadu Generation and Distribution Corporation Ltd, Pudukkottai.

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5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, Central Zone, Near Old Bus Stand,

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EB Complex,

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Pudukkottai.

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6.Gunasekaran .. Respondents

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Page 1 of 8

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

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W.P.(MD) No.8185 of 2024

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Prayer:

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the order passed by the 4^th respondent in Ka.No.Se.Po/E.Ka/Pudu/Va.Aa/Ko.Pu.Manu/A.No./127/2023 and quash the same as illegal and arbitrary and in consequences there of direct the 5^th respondent to give electricity service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town.

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(Prayer amended vide order dated 10.09.2025 in W.M.P(MD)No.12349 of 2024)

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For Petitioner : Mr.P.Ganapathi Subramanian For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader For R4 & R5 : Mr.S.Deenadhayalan Standing Counsel For R6 : Mr.V.Selvakumar

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ORDER

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The petitioner seeks writ of certiorarified mandamus calling for the

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records of the 4^th respondent dated 26.02.2024 in

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Ka.No.Se.Po/E.Ka/Pudu/Va.Aa/Ko.Pu.Manu/A.No./127/2023 and quash the same and consequently direct the 5^th respondent to grant electricity

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_________Page 2 of 8

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

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W.P.(MD) No.8185 of 2024

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service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town.

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It is the contention of the petitioner that the property in T.S.No. 6256/7 was assigned in favour of the petitioner and under the Natham Settlement Scheme, patta was also issued in her favour. Her mother had purchased the property comprised in T.S.No.6256/9 and had constructed a house in it where she was residing for over 40 years. T.S.No.6257/8 is in the possession and enjoyment of the petitioner's brother in whose favour patta has also been issued.

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The petitioner would submit that she had executed a settlement deed in favour of her husband on 24.01.2020 thereby settling an extent of 128 square meter in T.S.No.6256/8. Likewise her brother had executed a settlement deed on 24.01.2020 settling an extent of 132 square meter in T.S.No.6256/7 in her favour. The petitioner would submit that the 6^th respondent who had no right to the properties comprised in T.S.No. 6256/7, 8 and 9 had filed a suit in O.S.No.195 of 2016 on the file of the

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_________Page 3 of 8

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

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W.P.(MD) No.8185 of 2024

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District Munsif Court, Pudukkottai as against the petitioner, her parents and her brothers seeking a relief of permanent injunction in respect of T.S.No.6256/3.

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The petitioner would submit that she had proposed to put up a

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construction in the property comprised in T.S.Nos.6256/7 and 8 and had obtained approval from the Commissioner of Pudukkottai Municipality on 04.05.2023. She had also completed the construction and was residing in it. Thereafter, she had also made an application for electricity service connection on 29.10.2020, but the same has not been given to her.

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Meanwhile, the petitioner came to learn that the 3^rd respondent

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had passed an order on 12.06.2020 stating that appeal proceedings with respect to the transfer of patta was pending and therefore, electricity service connection cannot be given in respect of properties comprised in T.S.No.6256/3, 7, 8 and 9. The petitioner had come to know about this order only recently. Since her request was not been considered, the petitioner had filed W.P.(MD)No.22854 of 2023 calling upon the

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_________Page 4 of 8

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

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W.P.(MD) No.8185 of 2024

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respondents to consider her request and pass orders. The said writ petition is pending. The impugned order has been passed stating that in the light of the pendency of W.P(MD)No.5901 and 5905 of 2020, the electricity service connection cannot be given. Therefore, the petitioner is before this Court.

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Heard the learned counsel on either side.

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The writ petitions which are the basis for rejecting the request of

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the petitioner are writ petitions filed by the petitioner seeking a mandamus forbearing the respondents, namely revenue authorities from interfering with the petitioner's peaceful possession and enjoyment of the property in Survey Nos.6256/7 and 8. Further, the suit in O.S.No.195 of 2016 filed by the 6^th respondent is only with reference to T.S.No.6256/3 and has nothing to do with the properties of the petitioner and her brother. That apart, even on the date of passing of the impugned order, W.P(MD)Nos.5901 and 5905 of 2020 had been disposed of. Therefore, the observation of the 4^th respondent that since the writ petitions are

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_________Page 5 of 8

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

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W.P.(MD) No.8185 of 2024

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pending, electricity service connection cannot be granted cannot be countenanced.

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Hence, the impugned order is set aside and the 5^th respondent is directed to effect electricity service connection to the house comprised in T.S.No.6256/7 and 8 of Pudukkottai Town within a period of three (3) weeks from the date of receipt of copy of this order.

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