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2026 Supreme(Online)(Mad) 30769

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
K.Raghavan – Appellant
Versus
The Assistant Executive Engineer Operation & Maintenance TANGEDOCO, Thirukoilur West, Kallakurichi – Respondent
W.P.No.4771 of 2024 | Ka.No.U Se PO/Me /Thiruk/Va.Aa/ Ko.Kalapani/A.No.306/2025



Advocates:
For the Appellants/Petitioners: Ms.R.Poornima
For the Respondents: Mr.Swami Subramanian

Court directs electricity connection upon penalty payment for past theft, without additional charges, per seniority, without prejudice to civil suit.

Headnote:Article 226 of the Constitution of India enables issuance of writ of certiorarified mandamus to quash illegal proceedings and direct authorities to provide service connections. Petitioner inherited property via settlement deed with prior free electricity connection; respondents imposed penalty for alleged 2015 energy theft detected during inspection, demanding Rs.97,264 plus charges. Court found no prior collection efforts by respondents and directed payment without prejudice to ongoing civil suit. Issue framed as whether impugned order refusing connection pending penalty payment was valid, given transfer of connection post-settlement. Ratio: Absent effective prior recovery steps despite detection, court may direct connection upon deposit of penalty amount per seniority, preserving civil rights. Writ petition disposed; petitioner to pay Rs.97,264 within two weeks without BPSC charges; respondents to provide connection thereafter as per seniority.

Table of Content
1. inheritance via settlement transfers electricity rights despite prior theft detection. (Para 2 , 6)
2. petitioner offers penalty payment; respondents demand extra charges. (Para 3 , 4)
3. no prior recovery efforts; civil suit pending. (Para 5 , 7)
4. direct payment without extra charges for connection per seniority. (Para 8)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.04.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Raghavan ... Petitioner Vs.

1.The Assistant Executive Engineer Operation & Maintenance TANGEDOCO, Thirukoilur West, Kallakurichi.

2.The Junior Engineer, Rishivandhiyam, Kallakurichi District. ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for records on the file of the first respondent in proceedings Ka.No.U Se PO/Me /Thiruk/Va.Aa/ Ko.Kalapani/A.No.306/2025 dated 03.12.2025 and quash the same as illegal, incompetent and without jurisdiction and further directing the respondents to effect electricity service connection in S.No.74/2 Po.Moorappur Village, Manaloorpettai, Villupuram District.

For Petitioner : Ms.R.Poornima For Respondents : Mr.Swami Subramanian

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for records on the file of the first respondent in proceedings Ka.No.U Se PO/Me /Thiruk/Va.Aa/ Ko.Kalapani/A.No.306/2025 dated 03.12.2025 and quash the same as illegal, incompetent and without jurisdiction and further directing the respondents to effect electricity service connection in S.No.74/2 Po.Moorappur Village, Manaloorpettai, Villupuram District.

2.The learned counsel appearing for the petitioner submitted that the petitioner’s father was the owner of the subject property and he had obtained free electricity service connection and due to old age ailments, the petitioner’s father executed registered Settlement deed on 18.05.2020 under Document No.717/2020 on the file of Sub Registrar, Manaloorpettai and patta was also mutated in the name of the petitioner and the petitioner approached the respondent for transfer of electricity service connection in his name and the electricity service connection was also changed to his name however, electricity service connection was not effected and in this regard, the petitioner made representation to the respondents and since there was no response, filed W.P.No.4771 of 2024 and pursuant to the order of this Court dated 03.11.2025 made in the said writ petition, the present impugned order was passed stating that during the inspection on 12.01.2015, theft of energy was found and the petitioner was directed to pay Rs.97,264/- and that if the petitioner pay the said amount, his request for free electricity service connection will be considered.

3.The learned counsel appearing for the petitioner, on instructions, further submitted that though the respondents claim penalty for the alleged commission of electricity theft found during the inspection conducted on 12.01.2015, till date the respondents did not take any effective steps to collect the amount either from the petitioner’s father or from the petitioner, however, inorder to give quietus, the petitioner is ready to pay the amount of Rs.97,264/- and hence, this Court may, without going into the merits of the case, issue direction to the respondents to effect electricity service connection, after receipt of the said amount, as per the seniority, in the manner known to law.

4.The learned counsel appearing for the respondents submitted that the petitioner has to not only pay a sum of Rs.97,264/-

but also has to pay BPSC charges for the same. The learned counsel further submitted that the petitioner’s father has filed O.S.No.105 of 2019 for reconnection of the electricity connection and the same is pending before the Principal District Court, Tirukovilur.

5.Heard the arguments advanced on either side and perused the materials available on record.

6.It is

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