RAJALAKSHMI Vs. ROBIN POWER SOLUTIONS (P) LTD. ,

JUDGEMENT

(1.) The petitioner, as plaintiff, has proposed to file a suit before the District Munsif Court, Nilakottai, seeking permanent injunction and mandatory injunction, as against the respondents herein. The learned District Munsif, by order dtd. 10/6/2022, rejected the plaint under Order 7 Rule 11(d) CPC, without numbering the suit. Aggrieved over the same, the petitioner has filed the present revision petition.

(2.) According to the petitioner, the first respondent is a Company involved in generating electricity using solar power and they have set up their plant near the petitioner's property. In order to transmit the power generated, the first respondent has erected electric poles in the petitioner's property, without obtaining any permission. Therefore, the petitioner has proposed to file a suit, however, the trial Court has rejected the plaint stating that civil Courts do not have jurisdiction under Sec. 145 of the Electricity Act, 2003 [hereinafter referred to as 'the Act'].

(3.) Learned Counsel for the petitioner submitted that the bar as referred to under Sec. 145 of the Act is only with regard to the issues coming under Sec. 126 [unauthorized usage of electricity] and Sec. 127 [appeal remedy] of the Act, which is not the case herein. Therefore, the learned Counsel prayed for appropriate orders.