Madras High Court
The Junior Engineer vs St.Ann'S Health Centre on 6 December, 2021
S.A.No.1681 of 2002
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.12.2021
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
S.A.No.1681 of 2002
1.The Junior Engineer,
Distribution,
Tamil Nadu Electricity Board,
Puthiyamputhur – 628 402.
2.The Assistant Accounts Officer,
Revenue Branch/Urban,
Tamil Nadu Electricity Board,
Tuticorin – 1.
3.The Superintending Engineer,
Tamil Nadu Electricity Board,
Beach Road, Tuticorin – 1.
4.The Chairman,
Tamil Nadu Electricity Board,
Mount Road, Chennai – 2. ... Appellants/
Respondents/
Defendants
Vs.
St.Ann's Health Centre
Represented by its
Sister-in-charge
Rev. Sister Linus, D/o. Joseph
No.51, St.Ann's Health Centre,
Puthiamputhur. ... Respondent/
Appellant/
Plaintiff
PRAYER : Second Appeal filed under Section 100 of the Civil
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S.A.No.1681 of 2002
Procedure Code, to set aside the judgment and decree, dated 29.08.2001
made in A.S.No.13 of 2000 on the file of the Sub Court, Tuticorin
reversing the judgment and decree, dated 28.10.1999 made in O.S.No.
457 of 1998 on the file of the Principal District Munsif Court, Tuticorin.
For Appellants : Mr.Paramasivan
For Respondent : Mr.M.P.Senthil
for Mr.J.Antony Jesus
JUDGMENT
The defendants are the appellants herein.
2. The plaintiff filed a suit for declaration and that they are entitled
to free Electricity connection under tariff for the agricultural needs and
for mandatory injunction restraining the defendants to give re-connection
to the Electricity service connection to the plaintiff. The suit was
dismissed by the trial Court. The plaintiff filed A.S.No.13 of 2000
before the Sub Court, Tuticorin. The First Appellate Court reversed the
judgment and decree of the trial Court and granted declaration and
mandatory injunction. As against the same, the present second appeal has
been filed by the defendants.
3. The learned counsel for the appellants/defendants contended
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S.A.No.1681 of 2002
that free agricultural service connection is available only to the
individuals and not to the institutions like that of the plaintiff. But the
learned counsel for the appellants brought to my notice the proceedings
of the Chief Engineer/Commercial Tamil Nadu Electricity Board, dated
12.08.2004 to the effect that Tamil Nadu Electricity Regulatory
Commission has already taken a stand that free service connections could
be effected to the institutions also for agricultural purposes. Based upon
the said orders, the learned counsel for the respondent/plaintiff submits
that already electrical service connection can be restored to the plaintiff
institution. The statements of the learned counsel for the appellant and
the respondent are recorded. Since the decree of the First Appellate Court
has already been complied with and the appellant Electricity Board itself
has taken a policy decision to give service connection to the institutions
also under agricultural category, I find that no further orders are required
in this second appeal. Therefore, this Second Appeal is dismissed as
infructuous. No costs.
01.11.2021
Index : Yes / No
Internet : Yes / No
btr
https://www.mhc.tn.gov.in/judis
S.A.No.1681 of 2002
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
To
1.The Sub Court,
Tuticorin.
2.The Principal District Munsif Court,
Tuticorin.
3.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
S.A.No.1681 of 2002
R.VIJAYAKUMAR ,J.
btr
Order made in
S.A.No.1681 of 2002
Dated:
06.12.2021
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