WP/21869/2025 of G.SUBHAGARAN Vs THE CHAIRMAN on 12 October 2026

ORDER

This Writ Petition has been filed for the following reliefs:- “to call for the records relating to the impugned order passed by the 4th respondent vide his proceedings in Ka.No.Ou.Se.Po/ E and Pa/ Senthai/ Ko.Thani/ No.050/ 2025 dated 10.06.2025 (Received on 16.06.2025)and quash the same as illegal, arbitrary, without jurisdiction.”

Brief Facts:-

2. The Petitioner would submit that the properties comprised in S.F.Nos.296/4C, 296/5B3 and 298/2, to an extent of 1.50.00 hectares at Seilipalayam, Namakkal District, along with other properties situated in and around Sendamangalam, form part of the ancestral properties of the Hindu Undivided Family, in which the Petitioner claims a legitimate share along with the 6th Respondent, his father, and his sister, Ms. Suganya. The electricity service connections bearing Nos. 042170101154 and 04217010913 situate at Door No. 2/41, Seilipalayam, are being utilised for agricultural purposes.

3. The Petitioner would submit that he established a packaged drinking water plant under the name and style of "Ganesan Mineral Water" in the year 2012 and obtained GST registration in his name in the year 2017. Though the plant was shifted to another location in the year 2024, the aforesaid electricity service connections continue to be utilised for agricultural activities, particularly irrigation, and the electricity consumption charges are being regularly paid by the Petitioner through his bank account, however, the connections stand registered in the name of the 6th Respondent.

4. The Petitioner would submit that, owing to family disputes, the 6th Respondent submitted an application dated 05.04.2023 before TANGEDCO, falsely alleging non-usage and seeking disconnection of the electricity service connections. Aggrieved by the same, the Petitioner submitted several representations and issued a legal notice dated 01.07.2024, objecting to the proposed disconnection. As the 3rd Respondent attempted disconnection on 25.07.2024 without prior notice, the Petitioner approached this Hon'ble Court by way of W.P. No. 23590 of 2024, which was disposed of on 19.08.2024, directing the official Respondents to consider the representations of both parties after affording them an opportunity of hearing.

5. In the meanwhile, the Petitioner instituted a suit in O.S. No. 664 of 2024 before the Principal District Court, Namakkal, seeking partition and other consequential reliefs in respect of the ancestral properties. The 6th Respondent also instituted a suit in O.S. No. 188 of 2024 before the Additional District Munsif Court, Namakkal, for an injunction and both suits are pending adjudication.

6. The Petitioner would submit that, pursuant to the directions issued by this Court in WP.No.23592 of 2024, the 3rd Respondent conducted an enquiry on 17.10.2024 and, upon considering the submissions and documents of both parties, rejected the request for disconnection by proceedings dated 03.12.2024. In the said order, the 3rd respondent had observed that the service connections were being actively utilised and that civil disputes in respect of the subject properties were pending before the competent civil courts. Despite the earlier order passed by the 3rd respondent dated 03.12.2024, the 6th Respondent submitted another application dated 06.12.2024 seeking disconnection of the very same service connections.

7. The Petitioner would submit that the 6th Respondent thereafter filed W.P. No. 6547 of 2025, pursuant to which this Hon'ble Court, by order dated 25.02.2025, directed the 4th Respondent to reconsider the request for disconnection. In compliance therewith, the Petitioner submitted a detailed explanation dated 17.04.2025 and further representations to the official Respondents, including a legal notice dated 19.05.2025, bringing to their notice the earlier order, the pending civil suits and the continued use of the service connections.

8. The Petitioner would submit that, without properly considering the Petitioner's objections, the earlier reasoned order passed by the 3rd respondent dated 03.12.2024 and the pendency of the civil disputes in respect of the subject properties, the 4th Respondent passed the impugned order dated 10.06.2025, directing disconnection of the electricity service connections bearing Nos.042170101154 and 04217010913 within three days. Challenging the same, the Petitioner is before this Court seeking the reliefs stated supra.

9. Heard the learned counsel on either side and perused the records.

10. The Petitioner and the 6th Respondent are father and son. The case of the Petitioner is that he had been running a packaged drinking water plant in one of the subject properties and that the electricity service connection in the said premises stands in the name of his father, the 6th Respondent. It is his further contention that he has been continuously carrying on business in the said premises. While so, the 6th Respondent submitted a representation seeking disconnection of the electricity service connection on the ground that the same was not in use.

11. It is seen that civil suits are pending between the petitioner and the 6th respondent with regard to the ownership of the subject properties. The 6th respondent’s suit OS.No.188 of 2024 has been filed for an injunction restraining the petitioner herein from interfering with the 6th respondent’s peaceful possession and enjoyment of the suit property and from illegally drawing water from the suit property. In the said suit, the 6th respondent had also filed an Interlocutory Application in IA.No.2 of 2024 for the very same relief. The said application was dismissed by order dated 24.06.2026. It is also seen that the 3rd Respondent had earlier passed an order rejecting the request for disconnection of the electricity service connections, observing that the service connections were being actively utilised and that civil disputes in respect of the subject properties were pending before the competent civil courts. Therefore, the Respondents 1 to 5 have admitted that the subject service connection was being utilised for the packaged drinking water plant.

12. In such circumstances, if the electricity service connections are disconnected at this juncture, it would cause great hardship and irreparable loss to the Petitioner, as his business activities would be adversely affected.

13. Further, this Court by order dated 05.10.2026 had directed the petitioner to file an affidavit stating that he would pay all the electricity charges without default and that any arrears that would be leviable during his enjoyment of the electricity service connection for his packaged drinking water plant would be paid by him. Accordingly, today, the petitioner has filed the affidavit wherein he has stated as follows:- “4. I therefore solemnly undertake before this Hon'ble Court that I shall duly and punctually pay all electricity consumption charges and other lawful charges payable to the TANGEDCO in respect of Service Connection Nos. 042170101154 and 04217010913, without allowing any arrears to accumulate, so long as the said service connections are being utilised by me.

5. I further undertake that I shall keep the aforesaid service connections free from any default in payment attributable to my use and shall ensure that the 6th respondent is not subjected to any liability or adverse consequence on account of non-payment of electricity charges during such period.

6. I submit that this undertaking is furnished pursuant to the proceedings before this Hon'ble Court and without prejudice to the respective rights and contentions of the parties in the pending civil proceedings concerning the properties and the service connections.”

14. Therefore, considering the above facts and also taking note of the dismissal of the 6th respondent’s application for interim injunction, this Writ Petition is allowed and the impugned order is set aside. The respondents 1 to 5 shall not attempt to disconnect the electricity service connection in respect of the suit property and shall abide by the ultimate result of the pending suits. No costs. Consequently, the connected Miscellaneous Petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

P.T.ASHA J. SHR To

1. The Chairman, Tamil Nadu Generation And Distribution, Corporation Ltd,(tangedco), 6th Floor,Tangedcobulding, No.144,Anna Salai, Chennai-600 002.

2. The Superintending Engineer Tamil Nadu Generation And Distribution, Corporation Ltd, Namakkal Taluk, Namakkal District

3. The Executive Engineer(o And M), Tamil Nadu Generation And Electricity, Distribution Corporation Ltd, Namakkal Taluk, Namakkal District

4. The Assistant Executive Engineer(o And M), Tamil Nadu Generation And Electricity, Distribution Corporation Ltd., Gandhipuram, Sendamangalam South, Sendamangalam Taluk, Namakkal District- 637409

5. The Assistant Engineer (o And M), Tamil Nadu Generation And Electricity, Distribution Corporation Ltd., Sendamangalam, Sendamangalam Taluk, Namakkal District- 637409.

AND WMP NO. 24654 OF 2025 12-10-2026