(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, calling for the records leading to the Impugned Communication dated 12.08.2025 bearing Proceedings No. OMI/PO/EANDPA/MEVEKO/KOAgriSL109/ No.73/25 issued by the 3rd respondent and to quash the same and consequently to direct the 3rd respondent to include the name of the petitioner in the electricity service connection pertaining to Service connection No. 090.001.109.)

1. This writ petition has been filed by the petitioner challenging the Impugned Communication dated 12.08.2025 bearing Proceedings No. OMI/PO/EANDPA/MEVEKO/KOAgriSL109/ No.73/25 issued by the 3rd respondent.

2. Mr.L.Jaivenkatesh, learned Standing Counsel takes notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final disposal at admission stage itself.

3. Learned counsel for the petitioner would submit that the petitioner purchased the land measuring to an extent of 0.90 acres in R.S.No.252/A, presently Survey No.252/A2 together with all easementary and pathway rights, vide a registered sale deed dated 07.12.2022 in Document No.6103 of 2022 and the land to an extent of 0.13 acres and 0.77 acres in R.S.No.252/A, together with 5 ½ shares out of 8 shares in the common Well, the corresponding well-site land, common pathway rights and the 3 HP electric motor pump-set attached to the well through registered sale deed dated 12.07.2023 in Document No.3244 of 2023 and the adjacent southern portion of the property in Survey Nos.252/A and R.S.No.251/A, presently in Survey Nos. 252/A3 and 251/A2 respectively was purchased by the petitioner’s husband vide registered sale deed dated 12.07.2023 in Document No.3243 of 2023. Further, one S.K.Gunasekar, owns lands lying further parallel on the eastern side of petitioner’s land. The common well is situated between the petitioner’s land and the said S.K.Gunasekar’s land.

4. He would further submit that originally the said S.K.Gunasekar obtained agricultural electricity service connection bearing S.C.No.090.001.109 in the year 2004 for the common Well. Since the petitioner has acquired title to the common Well and pump-set, the petitioner and the said S.K.Gunasekar amicable made an oral arrangements for usage of the Well and pump-set on a day-sharing basis. Therefore, the petitioner made a detailed representation dated 13.01.2025 to the 3rd respondent seeking inclusion of petitioner’s name in the agricultural electricity service connection No.090.001.109. However, the 3rd respondent vide impugned communication dated 25.06.2025, directed the petitioner to get consent from the said S.K.Gunasekar to include her name in the electricity service connection. Hence, the present writ petition has been filed.

5. Learned Standing Counsel appearing for the respondents would submit that since the electricity service connection stands in the name of S.K.Gunasekar, the 3rd respondent had directed the petitioner to get consent from him. However, he would fairly submit that the any orders passed by this Court will be complied with.

6. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents and perused the materials available on records.

7. For better appreciation Clause 5 (7) (ii) of the Tamil Nadu Electricity Supply Code, reads as follows:-

                   5. Miscellaneous charges

                   …….

                   (7) Name Transfer charge

                   (i) ……...

                   (ii) Every application for transfer of name, in other cases such as Sale including auction sale / Registered Lease of Property or any other lawful occupation, etc., shall be in Forms (1) and (2) in Appendix to this Code accompanied by—

                   (a) The document supporting the transfer with an undertaking in Form (4) in Appendix to this Code

                   (b) Consent letter from the consumer for the transfer of the Security Deposit * if it is not included in the document supporting the transfer. Where no such consent letter can be produced, the applicant shall pay fresh Security Deposit,

                   (c) Fresh application with fee to be specified by the Commission and agreement form.

                   Explanation: (i) The name transfer is effected only for such services which are not under disconnection.

                   (ii) No name transfer shall be effected unless the outstanding dues in the service connection had been paid.

                   (iii) The proof for the Lawful occupation shall be registered power of attorney or registered lease deed or possession order from appropriate authority or decree or judgment of Court of law of competent jurisdiction.

8. A reading of the above would show that the registered sale deed can be a proof for the occupation of the property and the consent of the co-owner is not required. In the present case, admittedly, the petitioner purchased the subject property through registered sale deeds dated 07.12.2022 and 12.07.2023 and she is the major share holder of the entire property. Such being the case, the consent from the other owner is not required for the inclusion of petitioner’s name in the agricultural service connection. The 3rd respondent can include the name of the petitioner in the agricultural service connection after verifying the registered sale deeds with an undertaking in Form (4) as prescribed in Clause 5(7) (ii) of the Tamil Nadu Electricity Supply Code.

9. In view of the above, the petitioner is directed to make fresh application to the 3rd respondent for inclusion of her name in the agricultural electricity service connection No.090.001.109. The 3rd respondent shall consider the same and pass orders within a period one month from the date of receipt of a copy of this order.

10. With the above directions, this writ petition is disposed of. No costs.