GOVINDA GOUNDER Vs. ASSISTANT DIVISIONAL ENGINEER OPERATION AND MAINTENANCE TMAILNADU ELECTRICITY BOARD

JUDGEMENT

(1.) THIS second appeal has been preferred against the decree and judgment in A. S. No. 227/1994 on the file of the District Court, Villupuram, dated 24. 11. 1994. The plaintiff filed O. S. No. 264/1986 on the file of the District Munsif, Kallakurichi, for permanent injunction restraining the defendants from disconnecting the electricity supply to the motor installed in the plaint schedule property.

(2.) THE short facts of the case of the plaintiff in the plaint for the purpose of deciding this appeal are as follows:-The plaintiff owns a well in S. No. 45/1 in Peelamedu village and another well in S. No. 176 in Kalayanallur village. In each of the above said wells five horse power motor bump-set where installed by the plaintiff. Both the motor pump-sets were supplied with the electricity connection by the electricity board. No. 32 is the electricity connection number relating to the pump-set in the well in the peelamedu village. The well in the Kalayanallur village was given electricity connection No. 140. The plaintiff has been regularly paying the electricity consumption charges in respect of both the motor pump-sets. On 15. 4. 1986 the defendant issued a notice stating that the electricity connection was sanctioned only for the well in Peelamedu village and not for the well in the Kalayanallur village. The defendant is taking illegal steps to disconnect the electricity connection in respect of electricity connection No. 140. The plaintiff is in possession of the electricity connection in respect of the above said motor pump-sets after getting appropriate electricity sanction order. No one has so far preferred any complaint against the possession and enjoyment of the above said well to the defendant. Hence, the plaintiff has filed the suit for permanent injunction restraining the defendant from disconnecting the electricity supply to the electricity connection No. 140 to the well in Kalayanallur village in respect of the suit property.

(3.) THE defendant has filed a written statement contending as follows:-The allegations that the plaintiff is having a well in Peelamedu village in S. No. 45/1 and another well in S. No. 176 in Kalayanallur village are denied as false. In the above survey number property there is no well at all. The plaintiff has applied for electricity connection in respect of S. No. 49/5 and obtained connection No. 32. The plaintiff has also applied for electricity connection for the well in S. No. 45/1 on 10. 8. 1973. On the basis of the application preferred by the plaintiff, the defendant has sanctioned for the supply of electricity connection. But on inspection it was found that the plaintiff has obtained electricity supply for the well in survey No. 176/4 in Kalayanallur village as showing that the well is situated in survey No. 45/1 of Peelamedu village and obtained electricity connection No. 140. The plaintiff has not applied for electricity connection for the well in S. No. 176/4 at Kalayanallur. The property in S. No. 176/4 is a tank poramboke. The plaintiff was given a notice of instruction dated 15. 4. 1987 from the Tahsildar Kallakurichi to show that he is the owner of the above said S. No. 176/4. But the plaintiff has not obtained and produced neither ownership certificate nor no objection certificate from the Tahsildar. The plaintiff has no right to get electricity supply connection for the well in S. No. 176/4 in Kalayanallur village. The defendant has every right to disconnect the electricity connection No. 14 which was obtained by him clandestinely. The suit is liable to be dismissed.