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2026 Supreme(Online)(Mad) 8417
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. Vijayakumar, J
R.GOPALA KRISHNAN – Appellant
Versus
THE SUPERINTENDING ENGINEER – Respondent
WP(MD) No.10800 of 2019 | WMP(MD).No. 8265 of 2019
For the Appellants/Petitioners: P. Senthur Pandian
For the Respondents: S. Deenadhayalan
An administrative order rejecting the shifting of an electricity service connection cannot be sustained if it is based on a factual error regarding the existence of the original water source explicitly mentioned by the applicant.
Headnote:This petition was filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash an order dated 15.10.2018. The petitioner, who held a free agricultural service connection for a well, requested the shifting of the connection to a newly dug tube well after the original well ran dry. The request was rejected by the respondent on the grounds that there was no indication of the existence of the original well. The court found that the rejection was factually incorrect as the petitioner's own representation explicitly stated the well lacked water. The primary issue was whether the rejection of the request to shift the electricity service connection was based on correct factual grounds. The court reasoned that since the petitioner had clearly indicated that the well was dry, the respondent's conclusion that there was no indication of the well's existence was erroneous and not factually correct. In view of the above said facts, the order impugned in the writ petition is set aside and the respondents are directed to consider the request of the petitioner for shifting of electricity service connection from the Well to the tube Well, in case if any application is filed along with the relevant documents.
Prayer:
This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records from the 4th respondent relating to the impugned order passed by him in his proceedings letter number UPPO/Na.They.Kallupatti/Ko Pudhur /A.No.169/18 dated 15.10.2018, quash the same and direct the respondents to repair and restore the supply of electricity to petitioner's tube wells in Survey Number 121/2 in Goundenpatti Pit-I, Revenue Village in Peraiyur Taluk in Madurai District within a time to be fixed by this Court.
For Petitioner : Mr.P.Senthur Pandian
For Respondents : Mr.S.Deenadhayalan Standing Counsel
O R D E R
The present writ petition has been filed seeking to quash the order passed by the fourth respondent wherein the request of the petitioner for giving service connection to the petitioner's Well has been rejected.
A perusal of the records reveals that the petitioner is having a Well in Survey Number 121/2 in Goundenpatti Pit-I, Revenue Village in Peraiyur Taluk, Madurai District. He was having a free agricultural service connection to the said Well from the time of his grandfather in service connection in S.C. 55.
On 18.09.2018, the petitioner has given a representation to the fourth respondent to the effect that there is no water in the Well and he has dug up a tube Well in the same survey number and therefore, he has prayed for shifting of the service connection from the Well to the tube Well. This request has been rejected under the impugned order on the ground that there is no indication whatsoever as to the existence of the Well. This order is under challenge in the present writ petition.
A perusal of the representation dated 18.09.2018 clearly indicate that there is no water in the Well. The petitioner wants to shift the service connection in the Well to the nearby tube Well. Therefore, the order impugned in the writ petition to the effect that there is no indication about the existence of the Well is not factually correct.
The learned Standing Counsel appearing for the respondents has received written instruction to the effect that the agricultural service connection as on today is alive and it has not been disconnected. He further submits that in case if the petitioner wants to shift his service connection from Well to the tube well, he has to file necessary application along with relevant documents. On such application, the request of the petitioner would be considered.
In view of the above said facts, the order impugned in the writ petition is set aside and the respondents are directed to consider the request of the petitioner for shifting of electricity service connection from the Well to the tube Well, in case if any application is filed along with the relevant documents.
With the said observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
05.02.2026
