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1987 Supreme(Mad) 457

V.RATNAM
The Tamil Nadu Electricity Board, Rep. By Its Superintending Engineer, Madurai Electricity System – Appellant
Versus
R. Pandian Pillai – Respondent


JUDGMENT

V. Ratnam, J.

1. The defendants in. O.S. No. 267 of 1977, District Munsif's Court, Thirumangalam, are the appellants in this Second Appeal. The respondent herein instituted that suit praying for a mandatory injunction against the appellants for the removal of electric wires drawn across and over the lands of the respondent in Survey Nos. 32/1 and 38/1 in Solaikuruchi village and for compensation for wrongful trespass and for causing damage. The facts giving rise to the Second Appeal may now be briefly set out. The respondent owns an extent of 1.63 acres in survey Nos. 38/1 and 32/1 in a single plot. About a furlong west of the lands of the respondent one Parisutharajan owns 1.38 acres in survey No. 106/4 and he, after putting up a house in survey No. 106/4, applied for electric service connection. According to the case of the respondent, though electric posts and transformer and service connections for a petrol bunk and coir factory, west of Parisutharajan's house, at a distance of about 200 feet, are already there and service connection for the house of Parisutharajan could easily be given by extending the lines from the electric post, at the instance of Parisutharajan and


















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