IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
G. Kumar – Appellant
Versus
Executive Engineer – Respondent
WP No. 45979 of 2025
| Table of Content |
|---|
| 1. civil disputes regarding property usage must be resolved by civil courts, not electricity authorities. (Para 5) |
| 2. overview of the petitioner's request for electricity shared access due to borewell partition. (Para 1 , 2) |
| 3. arguments concerning property ownership and suitability of the forum for dispute resolution. (Para 3 , 4) |
5. G.Kannan, S/o.Ganapathy Solagar, 111, Perumal Kovil North Street, Valangaiman Taluk, Tiruvarur District 612801. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Certiorarified Mandamus to call for the records of the proceedings of the respondent made in Ka.No. Che.Pa / Ee and Pa / AaRu / Che. Nu Ou.1/ Kaa. Agricultural / Aa.No.228 /25-26 dated 02/09/2025 and quash the same, consequently issue appropriate direction directing the 1st respondent to provide extension of Electricity Supply to the Petitioners Electric Motor fitted in Bore -well by tapping energy through Changeover Switch from existing service connection in SC.No.0657600385 for irrigation of the petitioners agricultural lands situated in Survey Nos.252/2 of Alangudi Village without insisting the consent or signature from the respondents 3 to 4.
For Petitioner : Mr. S.Thirumavalavan For Respondent : Mr.D.B.R.Prabhu for R1 and R2 Mr.G.Logesh for R3 R4 & R5 – No Appearance
ORDER
This Writ Petition is filed praying for issuance of Certiorarified Mandamus to call for the records of the proceedings of the respondent made in Ka.No. Che.Pa / Ee and Pa / AaRu / Che. Nu Ou.1/ Kaa. Agricultural / Aa.No.228 /25-26 dated 02/09/2025 and quash the same, consequently issue appropriate direction directing the 1st respondent to provide extension of Electricity Supply to the Petitioners Electric Motor fitted in Bore -well by tapping energy through Changeover Switch from existing service connection in SC.No.0657600385 for irrigation of the petitioners agricultural lands situated in Survey Nos.252/2 of Alangudi Village without insisting the consent or signature from the respondents 3 to 4.
2. Learned counsel appearing for the petitioner submitted that the petitioner and the 3rd respondent are the owners of the agricultural lands measuring 1-62-00 hectares of land comprised in S.No.252/2 of Alangudi Village, Valangaiman Taluk, Tiruvarur District. The said lands have been irrigated through a bore-well fitted with Electric Motor. When the petitioner was minor, the petitioner’s father obtained service connection in the name of 3rd respondent - G.Murugesan. Subsequent to petitioner’s father’s death, there was a partition among the brothers in the year 2022 in respect of the lands purchased by the petitioner’s father, however, there is no clarity with regard to the ownership of the borewell. Since the bore-well available in the lands comprised in Survey No.252/2 is a common bore-well, the petitioner is entitled to tap electric energy from the electricity service connection provided to the common borewel. Hence, the petitioner made an application to the Executive Engineer (Operation and Maintenance)/1st respondent seeking to permit the petitioner to have changeover swicth in the existing service connection for using petitioner’s bore-well electric motor once in a week through his application dated 28.07.2025. But the same was rejected on the ground that the ownership was not established and as the Electricity Connection stands in the name of the 3rd respondent, changeover switch facility cannot be extended as per the Board Rules. . . Challenging the same, the present writ petition is filed.
3. Learned counsel for the petitioner submitted that though there is a clarity of partition with regard to ownership of borewell. When the petitioner was minor at the relevant point of time, the 3rd respondent obtained electricity connection and that issue has been considered by the Electricity Board in proper manner and granted the relief and the same is not in accordance with law. Therefore, he prayed for pas
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