MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15129 of 2025 and W.M.P.No.17042 of 2025 Ellamma, F/48, Daughter of Late Muniyappa, Door No.1/150, Moranapalli Village, Kumudepalli Post, Hosur Taluk, Krishnagiri District. .. Petitioner /versus/ 1.The Superintending Engineer, TANGEDCO, Krishnagiri District. 2.The Executive Engineer, Operation and Maintenance, TANGEDCO, Hosur, Krishangiri District. 3.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Hosur, Kishnagiri District. 4.The Junior Engineer, Operation and Maintenance, TANGEDCO, Hosur, Kishnagiri District. 5.M.Kumarasamy, D.No.40A,1st Main, Mahalakshmi Nagar, 3rd Cross, Hosur, Krihnagiri District. 6.R.Prabhu, No.5/602-27, Outer Ring Road, Muneswar Nagar,

by Sekar Reporter · May 28, 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.04.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Writ Petition No.15129 of 2025

and

W.M.P.No.17042 of 2025

Ellamma, F/48,

Daughter of Late Muniyappa,

Door No.1/150, Moranapalli Village,

Kumudepalli Post,

Hosur Taluk, Krishnagiri District. .. Petitioner

/versus/

1.The Superintending Engineer,

TANGEDCO, Krishnagiri District.

2.The Executive Engineer,

Operation and Maintenance,

TANGEDCO, Hosur,

Krishangiri District.

3.The Assistant Executive Engineer,

Operation and Maintenance,

TANGEDCO,

Hosur, Kishnagiri District.

4.The Junior Engineer,

Operation and Maintenance,

TANGEDCO,

Hosur, Kishnagiri District.

5.M.Kumarasamy,

D.No.40A,1^st Main,

Mahalakshmi Nagar,

3^rd Cross, Hosur,

Krihnagiri District.

6.R.Prabhu,

No.5/602-27, Outer Ring Road,

Muneswar Nagar,

Hosur, Krishnagiri District. .. Respondents

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Manadmus calling for the records pertaining to the proceeding of the 3^rd respondent in Lr.No.AEE/O&M/Sipcot/Hsc/F.Court Case/D.N.625/24 dated 10.03.2025 and quash the same as illegal and incompetent and consequently forbearing the official respondents to providing electricity connection to the disputed property/land in Survey No.418/1D, total extent of 0.60.5 Hector, Mookandapalli Village, Hosur Taluk, Krishnagiri District and direct the official respondent disconnect the electricity connection in S.C.No.080790028771 and 080790028334 given to the 5^th and 6^th respondents till the disposal of the suit in O.S.No.422 of 2006 pending on the file of the District Munsif Court, Hosur.

For Petitioner :Mr.M.Venkatesh

For Respondents :Mr.S.Madhusudanan, SC(TANGEDCO)

for R1 to R4

ORDER

The writ petition is filed challenging the impugned order dated 10.03.2025. By the said order, the petitioner’s prayer to disconnect the electricity connection in S.C.Nos.080790028771 and 080790028334 has been turned down by the official respondents.

2.The learned counsel for the petitioner would submit that in the year 1996, by erroneously representing it as the power of attorney, the petitioner’s brother was made to execute a sale deed. On the strength of the said sale deed, further documents were executed. Upon coming to the know of the same, already the petitioner had filed O.S.No.422 of 2006 and the same is pending on the file of the District Munsif Court, Hosur. When the suit is pending, the defendants in the said suit further alienated the property and on the strength of the invalid sale deed, the respondents 5 and 6 are putting up construction by illegally entering into the property. The petitioner, who has possession of the property, is objecting to the same, as the respondents are seeking an electricity connection, based on the said trespass.

3. Mr.S.Madhusudanan, learned standing counsel takes notice on behalf of the respondents 1 to 4.

4. Upon perusal of the same, it can be seen that this is a case of disputed title. It is not within the domain of the respondents 1 to 4 to determine the title or possession in respect thereof. It is for the concerned Civil Court, which has been keeping the matter safely since 2006 in O.S.No.422 of 2006 to decide the issue. This Court notes that this litigation is also one of the offshoot litigation only on account of the Civil Court keeping the matter pending without resolving the conflict between the parties. The poor petitioner or the petitioners, normally hope that the Civil Court will answer the dispute. After some time, they go before the electricity authorities; they go before the revenue authorities; and they go everywhere trying to resolve the issue. However the justice system will keep the suit very safely and securely. Now, the suit is of the year 2006 and it is now pending for 19 years.

5. In view thereof, a copy of this order shall be circulated to the District Munsif Court, Hosur. Starting from the month of June 2006, the District Munsif, Hosur, shall post the said suit at least twice a week and try to complete the suit as early as possible. If any injunction or stay is there in any higher Forum, a letter should also be written to the Registry of this Court or any other higher Court, and the said revision petitions, if any, pending in the higher forum should also immediately to take steps to list the same. Therefore, once the civil court takes the decision with reference to the title, the TANGEDCO authorities would abide by the civil court’s decision in the matter and pass orders with reference to the disconnection of the electricity connection or even changing the name of the electricity connection to the petitioner’s name, if the petitioner succeeds in the dispute regarding the title.

6. In view thereof, keeping the liberty of the petitioner open to again move the authorities after the civil court judgment and requesting the civil court to kindly look into the issue, as the matter has been pending for the past 19 years, and to decide the matter as expeditiously as possible, this writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

28.04.2025

Neutral citation:yes/no

ari

1.The Superintending Engineer,

TANGEDCO, Krishnagiri District.

2.The Executive Engineer,

Operation and Maintenance,

TANGEDCO, Hosur,

Krishangiri District.

3.The Assistant Executive Engineer,

Operation and Maintenance,

TANGEDCO,