In the absence of prior intimation and consent of the plaintiff, defendants pulled the power line across the suit property - plaintiff is found to be entitled to maintain the suit for the removal of the same in a civil Court.

Citation 

2019-1-L.W. 303

Equivalent citations: AIR 2018 MADRAS 296, (2019) 1 MAD LJ 310 (2019) 1 MAD LW 303, (2019) 1 MAD LW 303

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved On: 03.08.2018

Pronounced On: 19.09.2018

S.A.No.821 of 2005

T.Ravindran, J.

Tamil Nadu Electricity Board, rep.by its Superintending Engineer, Akshaya Building, Manchakuppam, Cuddalore & another Appellants

Vs.

Nagarajan.          ...Respondent

Prayer :- Second Appeal has been filed under Section 100 of CPC against the Judgement and Decree dated 10.01.2005 passed in A.S.No.71 of 2004 on the file of the First Additional Sub-Court, Cuddalore, confirming the Judgment and Decree dated 27.02.2004 passed in O.S.No.398 of 2003 on the file of the Additional District Munsif, Cuddalore.

Electricity act, Sections 28,29, 42

held: in the absence of prior intimation and consent of the plaintiff, defendants pulled the power line across the suit property plaintiff is found to be entitled to maintain the suit for the removal of the same in a civil Court Defendants are liable to remove the same as the defendants had failed to establish that the work with reference to the same had the backing of a valid sanctioned schemePara 13Suffice to state that the suit has come to be laid by the plaintiff against the defendants for the relief of mandatory injunction directing them to remove the low tension electric power line passing through the suit property from South to North.Para 4Pet.ytE