TAMIL NADU ELECTRICITY BOARD Vs. V DHARMALINGAM

JUDGEMENT

(1.) THE defendants are the appellants, who filed this Second Appeal aggrieved over the decree and judgment dated 05.03.2001 passed by the learned II Additional District Judge, Erode, in A.S.No.231 of 2000, whereby the decree and judgment dated 12.09.2000 passed by the learned I Additional District Munsif, Erode, in O.S.No.574 of 1999, were set aside.

(2.) THE respondent herein filed the suit in O.S.No.574 of 1999 on the file of I Additional District Munsif Court, Erode, against the appellants to grant a permanent injunction restraining them from installing or erecting the transformer abutting the suit properties, stating that the suit properties consisting of a terraced house and shops, absolutely belonged to the respondent/plaintiff by virtue of a partition dated 25.06.1969 among his brothers and on the immediate north of the suit properties, there is a Highway Road called as Sathi Road. THE plaintiff is having a right of way on all points on the Highway Road to reach his properties and hence, he is using the said road for his ingress and egress to reach the suit properties. THEre is a high voltage transformer erected long back in front of the suit properties at a distance of about 10 feet in Sathy road and the same is not a hindrance to anybody. While so, the subordinates of the defendants Electricity Board without any rhyme or reason, made attempts to change the existing transformer and to erect the same immediately on the north of the suit properties and if they do so, there would be a danger to the inmates and users of the suit properties and it would completely block the entry points to the suit properties. Hence, the suit.

(3.) AT the time of admission of the second appeal, this Court framed the following substantial questions of law for consideration: