T K LAKSHMANAN Vs. TAMIL NADU ELECTRICITY BOARD, THROUGH ITS JUNIOR ENGINEER, SOUTH SECTION; TAMIL NADU ELECTRICITY BOARD, THROUGH ITS ASST ENGINEER, TOWN SECTION AND TAMIL NADU ELECTRICITY BOARD, THROUGH ITS EXECUTIVE ENGINEER

JUDGEMENT

(1.) As against the concurrent findings of Courts below, dismissing the Plaintiff's suit for removal of electric poles, unsuccessful Plaintiff has preferred this second appeal.

(2.) Facts are not in dispute. Plaintiff is the owner of 3.42 acres in S. No. 91/2 purchased under two different Sale Deeds. Plaintiff is the absolute owner of the said properties and has been paying kist etc. Four poles were erected in the Plaintiff's land for the purpose of giving service connection in S.F.Nos. 49 and 51, which is owned by one Palanisami Nadar.

(3.) Case of Plaintiff is that without his consent, four electric posts had been planted in a haphazard manner in his land, causing obstruction and hindrance to the lands where nanja crops have been raised. At least two lines were taken in the midst of Plaintiff's property for taking electricity connection to the lands of Palanisami Nadar and hence, the Plaintiff has filed the suit for permanent injunction restraining the Defendants by planting posts and also restraining them from effecting power supply and for mandatory injunction directing the Defendants to remove post P-1 to P-4.