EXECUTIVE ENGINEER OPERATION AND MAINTENANCE TAMIL NADU ELECTRICITY BOARD; THE ASSISTANT EXECUTIVE ENGINEER OPERATION AND MAINTENANCE TAMIL NADU ELECTRICITY BOARD AND THE ASSISTANT ENGINEER OPERATION AND MAINTENANCE TAMIL NADU ELECTRICITY BOARD Vs. K SENNIAMMAL

JUDGEMENT

(1.) The unsuccessful defendants, who lost the case before both the Courts below, are the appellants in the above appeal. One A.Kumarasamy (since deceased) filed the suit in O.S.No.954 of 1999 on the file of Second Additional District Munsif, Coimbatore, praying for a decree of declaration that the cancellation order dated 4.11.1998 issued by the defendants is null and void and for consequential injunction directing the defendants to effect new electric service connection to the well in the suit property in the name of the plaintiffs ' for agricultural purposes. In the plaint, it is sated that the plaintiff A. Kumarasamy (since deceased) is an agriculturist doing cultivation in his own properties and lease-hold lands. Out of his savings, he dug up a well in the suit property with an intention to lift ground water for cultivation. He submitted an application dated 25.9.1991 to the defendants for the supply of electricity for agricultural purposes. His application was registered as No.64/91-92 and the defendants also issued a receipt dated 25.9.1991. He waited for the past 7 to 8 years to get electric service connection. At the appropriate time when he sought for permission for service connection, that was turned down by the defendants who issued cancellation order dated 4.11.1998. Questioning the same, he filed the suit with the prayer mentioned above. Pendente lite the plaintiff died, the respondents herein were brought on record as Legal Representatives of the deceased plaintiff A. Kumarasamy.

(2.) On behalf of the defendants / Electricity Board, the 3rd defendant filed a written statement wherein it is stated that the plaintiff's application was registered as 64/91-92 under receipt dated 25.9.1991. According to the defendants, originally the first plaintiff Kumarasamy filed an application to get electric service connection for the well situate in S.F. No.43/2.b.3 of Madhampatti village. Subsequently, the said Kumarasamy filed an application on 18.10.1997 before the 3rd defendant stating that he had sold the property in S.F. No. 43/2.b.3 of Madhampatti village to third parties and hence, he wanted his application to be considered to effect electric service connection in respect of survey No. 63/1b2b in the same village. Though the said request was not accepted, the plaintiff was intimated to express his readiness to avail electric service connection in his property in survey No. 43/2.b.3, Madhampatti village, for which the plaintiff sent a reply on 17.8.1998 stating that he had already submitted necessary documents and requested to transfer the said service connection from the survey No. 43/2.b.3, Madhampatti village to Survey No.63/1b2b of the same village. Since the request of the plaintiff was not accepted, he rushed to the Court.

(3.) During the pendency of the suit, the plaintiff Kumarasamy died and his legal representatives were impleaded as plaintiffs 2 to 6. The fourth plaintiff, K.Sivashanmugam, son of Kumarasamy was examined as P.W.1 and one Jeganathan was examined as P.W.2. The plaintiffs have also produced and marked Exs.A1 to A-17. On the side of the defendants, one Shanmugasundaram was examined as D.W.1 and Exs.B-1 to B-7 were marked. Learned Second Additional District Munsif, Coimbatore, after finding that the request of the plaintiffs for grant of electric service connection in respect of their well in survey No.63/1b2b is reasonable and acceptable, granted a decree as prayed for.