APPAVOO Vs. JUNIOR ENGINEER TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) BEING aggrieved by concurrent findings of Courts below dismissing the suit for permanent injunction, unsuccessful plaintiff has filed this Second Appeal.

(2.) THE plaintiff has filed the suit for declaration and permanent injunction not to disconnect Service Connection S.C.No,6 from the Borewell in Highways Poramboke S.No,43 - 0.01/1.86. THE case of plaintiff is that he and his elder brother fifth defendant Sirai Meetan are in joint possession and enjoyment of the suit Service Connection and as elder brother of the family, Service Connection was obtained in the name of fifth defendant. THE plaintiff further averred that he had entered into an agreement that his elder brother and fifth defendant under Ex.A2 (dated 22.11.1980). Further case of plaintiff is that he applied for name transfer of Service Connection in his name stating that he is in possession and enjoyment of the suit Borewell and the Service Connection thereon. THE plaintiff has filed the suit for declaration that the Service Connection belongs to him and for permanent injunction restraining the defendants - Tamil Nadu Electricity Board from disconnecting the Service Connection.

(3.) BEING aggrieved by dismissal of the suit, plaintiff filed A.S.No,3 of 2002. Pointing out that S.C.No,6 stands in the name of fifth defendant, elder brother of plaintiff, lower Appellate Court held that there is no relation of Consumer and Supplier between plaintiff and Tamil Nadu Electricity Board. Confirming the findings of the trial Court, lower Appellate Court also held that plaintiff has not filed any document to show his entitlement of Service Connection S.C.No,6 and confirming the findings of trial Court, lower Appellate Court dismissed the appeal.