PAPPAMMAL Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE revision petitioners, as plaintiffs, filed O.S.No.1635 of 2002 for mandatory injunction directing the defendants viz., 1.Tamil Nadu Electricity Board represented by is Chairman, Chennai-2. 2.THE Chief Engineer, Tamil Nadu Electricity Board, Chennai-2. 3.THE Superintending Engineer (O & M), Tamil Nadu Electricity Board, THEni District. 4.THE Superintending Engineer (Transmission), Tamil Nadu Electricity Board, Madurai, not to instal the high tension electricity line over the plaintiffs' property without following the procedures and also for an order of mandatory injunction to remove the high tension electricity line put up by the defendants over the plaintiffs' property and also for permanent injunction restraining the defendants, their men and agents from in any manner laying or installing high tension electricity line over the plaintiffs' property. THE said plaint was rejected by the learned VII Assistant Judge, City Civil Court, Chennai, on the ground that under Section 16(d) of CPC, the suit is not maintainable and after coming to the conclusion that the Court has no jurisdiction, the learned VII Assistant Judge has ordered the plaint to be returned to the plaintiffs for representing the same before the appropriate forum. THE said order is under challenge before this Court in this revision.

(2.) HEARD the learned counsel for the revision petitioners, who would focus the attention of this Court to the proviso to Section 16 of CPC, which reads as follows:- 16.Suits to be instituted where subject-matter situate