Madras High Court
S.Kuttiappa Gounder vs The Superintendent Engineer on 9 March, 2021
S.A.No.35 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
S.A.No.35 of 2021
and C.M.P.No.969 of 2021
S.Kuttiappa Gounder ... Appellant
Versus
1.The Superintendent Engineer,
(Operation and Maintenance),
Tamilnadu Electricity Board,
Mettur Dam - 1,
Salem District.
2.The Assistance Executive Engineer,
(Operation and Maintenance),
Tamilnadu Electricity Board,
Mettur Dam - 1,
Salem District.
3.The Assistance Divisional Engineer,
(Operation and Maintenance),
Tamilnadu Electricity Board,
Edappadi,
Salem District.
4.The Junior Engineer,
Tamilnadu Electricity Board,
Koneripatti,
Nedungulam Post,
Edappadi Taluk, Salem District.
1/7
https://www.mhc.tn.gov.in/judis/
S.A.No.35 of 2021
5.Venkatachalam ... Respondents
PRAYER: Second Appeal filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree dated 30.08.2019 made in
A.S.No.15 of 2017 on the file of the Sub Court, Sankari confirming the
judgment and decree dated 14.03.2017 made in O.S.No.57 of 2010 on the
file of the District Munsif Court, Sankari.
For Petitioner : Mr.N.Manoharan
For R1 to R4 : Mr.Viswanatham
Standing Counsel
JUDGMENT
This Second Appeal has been filed challenging the judgment and
decree dated 30.08.2019 made in A.S.No.15 of 2017 on the file of the Sub
Court, Sankari confirming the judgment and decree dated 14.03.2017
made in O.S.No.57 of 2010 on the file of the District Munsif Court,
Sankari.
2.The only issue raised in the present Second Appeal is with regard
to the proposed erection of pole and drawing electricity line over the suit
schedule property.
https://www.mhc.tn.gov.in/judis/
S.A.No.35 of 2021
3.The learned counsel for the appellant submitted that the 5th
respondent herein applied for the Agriculture Service Connection for his
Well, therefore, the respondents 1 to 4 have initiated to provide electricity
line to the 5th respondent's land through the appellant's land. Further, he
submitted that the 5th respondent has already provided with the electricity
connection through which the Agricultural Service Connection can be
provided instead of erecting electricity pole in the appellant's land. These
aspect was not considered by both the Courts below, therefore, the present
Second Appeal has been preferred.
4.Though this matter was not admitted, this Court for the purpose of
admission with regard to the proposed substantial questions of law,
ordered notice. Consequently, respondents 1 to 4 filed an affidavit stating
that they have no intention to erect electricity pole and draw electricity
line on the appellant's land to provide electricity to the 5 th respondent as
stated by the appellant. On the other hand, they stated that they were kept
the material ready for providing electricity connection to Elayappa
Gounder, S/o.Palani Gounder belong to Vellarivelli Village, who had
applied for Agricultural Service Connection in the year 1989.
https://www.mhc.tn.gov.in/judis/
S.A.No.35 of 2021
5.Mr.Viswanathan, learned Standing Counsel for the respondents 1
to 4 submitted that the said connection to Elayappa Gounder was already
provided by the Electricity Department. The apprehension of the appellant
is only on basis of presumption and assumption. Even in Paragraph No.9
of the written statement filed by the 5th respondent before the Trial Court,
he has stated that the electric pole was already installed near to his Well
and Electricity Service Connection was also provided to his house. These
aspects are clearly dealt with by the Courts below.
6.Heard the learned counsel for the appellant as well as the
respondents 1 to 4 and perused the materials available on records.
7.At this juncture, it would be appropriate to extract the relevant
portion in Paragraph No.9 of the written statement filed by the 5th
respondent before the Trial Court, which is reproduced hereunder:
"9.................
There is no necessity to dig pits for erection of
electric poles and wires stays apparents and appliances
in the lands in R.S.No.375/2A for the transmission and
distribution of electricity to the lands in R.S.No.375/2 of
https://www.mhc.tn.gov.in/judis/
S.A.No.35 of 2021
Vellarivelli Village infavour of this defendant, because
already electric pole is installed in S.No.475/4C1 near
this defendant's Well and also this defendant got the
Electricity Service Connection to his house."
8.It is also appropriate to extract Paragraph No.5 of the affidavit
filed by the respondents 1 to 4 dated 18.02.2021, which is reproduced
hereunder:
“5.I respectfully submitted that it is not true that the
5th defendant/respondent has applied for a Agriculture
Service Connection. There is no Application pending in our
office filed by 5th defendant/respondent. It is not true that
the Electricity Board Official have planed to draw electrical
line through the plaintiff land. In fact the Electricity Board
Officials were kept ready with the material for the purpose
of giving electricity connection to one Elayappa Gounder
S/o.Palani Gounder”
9.From the perusal of the above, it is clear that no electric pole and
electric lines are going to be installed and no electricity going to be drawn
through the plaintiffs land. Accordingly, the affidavit filed by the
respondent dated 18.02.2021 is taken on record and consequently, no
further order is required in the Second Appeal.
https://www.mhc.tn.gov.in/judis/
S.A.No.35 of 2021
10.In view of the above recording and submissions made by the
learned Standing counsel for the respondents 1 to 4, this Court feels no
substantial questions of law that arises for consideration as stated by the
learned counsel for the appellant.
11.In the result, the Second Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
09.03.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
rst
To:
1.The Sub Court, Sankari
2.The District Munsif Court, Sankari.
https://www.mhc.tn.gov.in/judis/
S.A.No.35 of 2021
KRISHNAN RAMASAMY.J.,
rst
S.A.No.35 of 2021
and C.M.P.No.969 of 2021
09.03.2021
https://www.mhc.tn.gov.in/judis/
