SUPERINTENDING ENGINEER Vs. BALAJI EDUCATIONAL AND CHARITABLE TRUST

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decreetal order dated 29.08.2017 passed in I.A. No. 508 of 2016 in O.S. No. 171 of 2014 on the file of the Principal Subordinate Judge, Chengalpattu.

(2.) The first respondent herein filed a suit in O.S. No. 171 of 2014 before the learned subordinate Judge at Chengalpet seeking for permanent injunction against the revision petitioner. According to the revision petitioner the first respondent made an illegal attempt to lay a cable and install towers in the suit scheduled property in the first week of November 2014. Hence, the revision petitioner has filed the present suit. In the aforesaid suit, the first respondent/plaintiff has obtained an ad-interim injunction under Order 39, Rule 1 and 2 and r/w section 151 of the Code of Civil Procedure.

(3.) The revision petitioner/defendant has filed an application under Order 7, Rule 11 of the Code of Civil Procedure before the Court below seeking to reject the plaint in O.S. No. 171 of 2014. The revision petitioner stating that in terms of section 164 of Electricity Act, 2003, approval of the State Government is sufficient and valid for erection of towers and no notice or consent of the owner/occupier of any land requires for erection of towers. The petitioner need not obtain any consent from the land owner before laying transmission lines and towers. The proposal for erection 400 KV transmission line from Kayathar (Tirunelveli Region) to Ottiyambakkam (Chennai Region) has been published in the Gazette Notification in Part VI-Section 3(b) dated 09.11.2011 by the Government of Tamil Nadu. Notification has been issued calling for objections from the interested parties. However, no objections were received from the respondent. Pursuant to the said notification, the revision petitioner has commenced the projects in the month of August 2012 for erection of the 400 KV Transmission line and 2058 towers from Kayathar (Tirunelveli Region) to Ottiyambakkam (Chennai Region) at the length of about 748 Kms at a cost of Rs. 2,300 Crores. According to the Revision Petitioner/defendant, the erection of 2039 towers have already been completed for a total at the length of 748 kms, the stringent conductors for a length of about 732 Kms has also been completed and out of which 722 Kms has also been energized and the aforesaid project ought to have been completed by June 2015.