Madras High Court
Superintending Engineer vs Sellachi on 30 September, 2021
S.A.(MD)No.1157 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.1157 of 2006
1.Superintending Engineer
Tamil Nadu Electricity Board,
Nagercoil, Kanyakumari District.
2.Junior Engineer,
Tamil Nadu Electricity Board,
Eraviputhurkadai,
Viyanur Village,
Kalkulam Vattam,
Kanyakumari District. ... Defendants 1 & 2/ Respondents 1 & 2/
Appellants
-Vs-
1.Sellachi
2.Jaytheeswari
3.Bubalasan
4.Jayabalasan ... Plaintiffs / Appellants / Respondents
5.Chelladurai
6.Lalithabai ... Defendants 4 & 5 / Respondent 3 & 4 / Respondents
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree made in A.S.No.9 of 2004 dated
16.06.2005 on the file of the Sub Court, Padmanabapuram, reversing the
judgment and decree of the Principal District Munsif Court,
Padmanabapuram in O.S.No.246 of 1996, dated 02.12.2003.
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S.A.(MD)No.1157 of 2006
For Appellants : Mrs.Parameswari
for Mr.S.M.S.Johny Basha
For Respondents : no appearance
JUDGMENT
The defendants in O.S.No.246 of 1996 on the file of the Principal
District Munsif Court, Padmanabapuram are the appellants herein. The
respondents herein filed the said suit for restraining the appellants herein
from putting up any electric pole or drawing lines on the suit property. The
trial court by judgment and decree dated 02.12.2003 dismissed the suit.
Aggrieved by the same, the plaintiffs filed A.S.No.9 of 2004 on the file of
the Sub Court, Padmanabhapuram. The first appellate court set aside the
decision of the trial court and also allowed the appeal and decreed the suit.
Challenging the same, this second appeal came to be filed.
2.The second appeal was admitted on the following substantial
questions of law:-
(1) Whether in law the judgment of the appellate judge in allowing the
appeal is sustainable without any finding for possession and right of the
plaintiff over the suit schedule property, since the trial court has categorically
held in Issue No.3 as the plaintiff has not proved his possession and right
over the schedule mentioned property?
2. Whether in law the judgment of the appellate judge is sustainable
when the Board has power to erect poles under Section 51 of the Indian
Electricity Act, 1910?
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S.A.(MD)No.1157 of 2006
3. When the matter was taken up for hearing on 17.09.2021, there
was no representation on the side of the respondents. The matter was
adjourned to 20.09.2021 and thereafter to 30.09.2021. Even today, there is
no representation on the side of the respondents. The learned counsel
appearing for the appellants would point out that the suit was infructuous at
the very inception. Even before filing of the suit, the appellants had already
installed electric poles and also drawn the lines. Lines have also been
energized. It is further stated that the poles were installed only on the road
margin and not on the plaintiffs' patta land. In any event, the statutory
power of the appellants to install electric poles and draw electric lines even
over the private lands cannot be challenged. When the plaintiffs claimed
that poles have been erected on their patta lands, it is incumbent on them to
prove the title over the site on which the poles have been erected. No such
evidence has been adduced.
4. The courts below have not taken note of this aspect. Therefore, the
substantial questions of law are answered in favour of the appellants. The
impugned judgment and decree passed by the first appellate court is set
aside. The second appeal is allowed. No costs.
30.09.2021
Internet : Yes/No
Index : Yes/No
rmi
https://www.mhc.tn.gov.in/judis/
S.A.(MD)No.1157 of 2006
G.R.SWAMINATHAN.J.,
rmi
To
1.The Sub Court, Padmanabapuram.
2.The Principal District Munsif Court, Padmanabapuram.
Copy To
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
S.A.(MD)No.1157 of 2006
30.09.2021
https://www.mhc.tn.gov.in/judis/
