Madras High Court
Narayana Krishnan vs The Tamil Nadu Electricity Board ... on 3 February, 2021
C.R.P.(PD)No.3567 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD)No.3567 of 2016
and C.M.P.No.18206 of 2016
1. Narayana Krishnan
2. Sujatha Krishnan ... Petitioners
Vs.
1. The Tamil Nadu Electricity Board (TNEB)
2. The Tamil Nadu Transmission Corporation
(TANTRANSCO),
Both being independently constituted Boards-
Corporations and both represented by the
Said Corporations with their offices
at Anna Salai, Chennai.
3. The Executive Engineer,
Tower Line Constructions,
TNEB Power House,
Mettupalayam Post,
Coimbatore District. ... Respondents
Prayer:- Civil Revision Petition is filed under Section 115 of C.P.C., to set
aside judgment and decree dated 17.06.2016 made in C.M.A.No.63 of 2011
on the file of the learned District Judge of the Nilgiris, Udhagamandalam,
confirming the judgment and decree dated 27.07.2011 and made in
Page 1 of 6
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C.R.P.(PD)No.3567 of 2016
I.A.No.879 of 2010 in O.S.No.114 of 2009 on the file of the learned
Subordinate Judge, Udhagamandalam.
For Petitioners : Mr.B.Ramamoorthy
For Respondents : Mr.V.Viswanathan
ORDER
The Civil Revision Petition is directed as against the judgment
and decree dated 17.06.2016 passed by the learned District Judge, Nilgiris,
Udhagamandalam in C.M.A.No.63 of 2011, confirming the judgment and
decree dated 27.07.2011 passed by the learned Subordinate Judge,
Udhagamandalam, in I.A.No.879 of 2010 in O.S.No.114 of 2009, thereby
dismissing the petition filed by the petitioners for injunction.
2. The petitioners are the plaintiffs. They filed suit in O.S.No.114
of 2009, as against the respondents for permanent injunction restraining the
respondents herein from interfering with the petitioner's possession and
enjoyment of the property either by way of construction of pylons for power
lines or high tension lines or towers, taking high tension electric power lines
or in any other manner whatsoever in over or upon the suit schedule
property. Along with the suit, the petitioners filed an application for interim
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C.R.P.(PD)No.3567 of 2016
injunction in I.A.No.879 of 2009. Though initially exparte injunction was
granted in favour of the petitioners herein, by an order dated 27.07.2011,
the petition for interim injunction was dismissed. Aggrieved by the same the
petitioners filed an appeal in C.M.A.No.63 of 2011 and the same was also
dismissed by confirming the order passed by the trial Court. As against
which, the present Civil Revision Petition.
3. The petitioners had already filed Civil Revision Petition before
this Court in C.R.P.3731 of 2010 as against the order of not extending the
interim injunction in I.A.No.879 of 2009. This Court by an order dated
07.03.2011, set aside the said order and also directed the trial Court to
dispose the application in I.A.No.879 of 2009 within a period of one month.
4. It is also seen that the main suit itself for permanent injunction
and it is pending from the year 2009. While ordering notice in the present
Civil Revision Petition, this Court ordered both the parties to maintain
status quo. Considering the above facts, the parties are directed to maintain
status quo of the suit property as on date and the trial Court viz., the learned
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C.R.P.(PD)No.3567 of 2016
Subordinate Judge, Udhagamandalam is directed to dispose the main suit in
O.S.No.114 of 2009 within a period of three months from the date of receipt
of a copy of this Order.
6. With the above directions, the Civil Revision Petition stands
disposed of. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
03.02.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3567 of 2016
To
1. The District Judge,
Nilgiris,
Udhagamandalam.
2. The Subordinate Judge,
Udhagamandalam
3. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3567 of 2016
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.(PD)No.3567 of 2016
and C.M.P.No.18206 of 2016
03.02.2021
https://www.mhc.tn.gov.in/judis/
