DARMA NAIDU EDUCATIONAL AND CHARITABLE TRUST Vs. ASSISTANT ENGINEER, TAMIL NADU ELECTRICITY BOARD; JUNIOR ENGINEER, TAMIL NADU ELECTRICITY BOARD; P KANNIAPPAN

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The petitioner additionally added that the third respondent herein enraged by the purchase of land by the petitioner from his sisters, started creating troubles by putting up casuarina poles and electrical posts for drawing electricity for a distance of about 200 feet across the petitioner's lands situated on the rear side of the college. It was submitted that agricultural electricity service connection was provided for the lands of Mr.Pachaiappa Naicker. By virtue of purchase of land by the petitioner, the petitioner is having 50% share in the electricity service connection, since it has been purchased from the sisters of the third respondent and the third respondent is also having the rest of 50% share of electricity service connection. The third respondent had also filed civil suits against his blood sisters and the petitioner before the District Munsif Court, Poonamallee. In fact, the petitioner had also filed a civil suit and obtained interim injunction restraining the third respondent from interfering with the petitioner's peaceful possession and enjoyment of the lands comprised in S.F.No.130/1A, situated at Veeraraghavapuram Village, since he is the absolute owner of the property as per the registered sale deed dated 04.08.2003. The petitioner further submits that the casuarina poles and electrical posts put up by the third respondent herein fell down and endangered the life of innocent students. However, with a view to circumvent the lapses, the third respondent filed W.P.No.17399 of 2004 against the respondents 1 and 2 directing them to restore electricity. By an order dated 15.07.2004, this Court was pleased to direct the respondents 1 and 2 herein to restore the electricity. In the said writ petition, the petitioner was not made as a party though he was a necessary party and the third respondent herein obtained an order behind the back of the petitioner.

(3.) In fact, pursuant to the order of this Court, the electricity was restored to the satisfaction of the third respondent herein. The petitioner further submits that actually there was no agricultural activities in the subject matter of the land but the respondent has been creating troubles to the petitioner at various levels with an intention to harass the petitioner. The third respondent has also given a complaint to the Inspector of Police, who is attached to the Thiruverkadu Police Station and filed a Crl.O.P.No.32875 of 2004, before this Court seeking a direction to register the complaint and the same was also disposed of. The third respondent has also filed a private complaint in C.C.No.117 of 2003, on the file of the Judicial Magistrate No.II, Poonamallee impleading various Government officials unnecessarily. The accused in the said complaint was discharged and the third respondent filed Crl.R.C. against the order of discharge before this Court and the same was also dismissed. Even now, various litigations are pending before the civil Court between the petitioner and the third respondent and his sisters. Being not satisfied with the various litigations and failing in his attempts, during first week of February 2014, the third respondent herein appears to have lodged a complaint before the Inspector of Police, Thiruverkadu Police Station against the Trustees of the petitioner, stating that the electrical posts put up in the land was dismantled and electricity supply was disconnected and he could not carry out his agricultural activities and the persons connected with the petitioner's Trust are responsible for the same.