KERALA STATE ELECTRICITY BOARD Vs. GOPALAKRISHNAN

JUDGEMENT

(1.) Kerala State Electricity Board and its Assistant Executive Engineer who were the defendants 2 and 3 in the suit are the appellants. The 1st respondent is the plaintiff and 2nd and 3rd respondents are defendants 1 and 4.

(2.) The plaintiff filed the suit originally against three defendants. The 1st defendant is having property on the western side of the plaint schedule property belonging to the plaintiff and his siblings. The plaint schedule property is 13.12 Ares, belonging to the plaintiff, which is situated on the immediate northern side of G.K.Pilla lane. The property of the 1st defendant is also situated on the immediate northern side of G.K.Pilla lane. Originally, there was an electric post on the immediate southern side of the plaint schedule property on the side of G.K.Pilla lane. Defendants 2 and 3 drew an electric line from the said post to the new house of the 1st defendant, installing two posts inside the eastern boundary of the property of the 1st defendant along with the western boundary of the plaintiff. Defendants 2 and 3 have drawn an electric line crossing the plaint schedule property at the southern portion to the new house of the 1st defendant without the consent of the plaintiff.

(3.) The case of the plaintiff is that due to the drawing of the electric line, the plaintiff's property became useless. Shifting of electric line from the property of the plaintiff is absolutely necessary. There is sufficient property for the 1st defendant to draw the electric line. Defendants 2 and 3 are preparing to draw a line in continuation of the existing line drawn through the plaint schedule property of the plaintiff. The defendants are to be restrained from doing so. On these allegations, the plaintiff sought a decree for mandatory injunction directing the defendants to remove the electric line which is drawn through the plaint schedule property and also along the side of the plaint schedule property to the 1st defendant's property and to draw the same without causing any disturbance to the plaintiff.