The central legal point established is that the defendants had the authority to erect the transformer for a public purpose, and the plaintiff could claim compensation for any losses.

This second appeal has been filed challenging the judgment and decree, dated 9. 1993, made in A.S.No.7 of 1993, on the file of the Subordinate Judge, Thirupattur, confirming the judgment and decree, dated 11. 1992, made in O.S.No.45 of 1986, on the file of the District Munsif Court, Thirupattur.

2. The plaintiff in the suit, in O.S.No.45 of 1986, is the appellant in the present second appeal. The plaintiff had filed the suit against the defendants praying for a mandatory injunction to direct the defendants therein to remove the electrical poles, erected for installing a transformer, and the other connected equipments.

3. The plaintiff had stated that the suit property belongs to her. On the eastern side of the property of the plaintiff, which has an extent of 4.60 acres, in survey No.90/1A, there is a road belonging to the Municipality. On the eastern side of the Sanankkuppam Road, the defendants had established a transformer. The said transformer had been situated for nearly 10 years. Recently, the Highways Department had laid a road across the plaintiffs land. Therefore, the defendants had to remove the transformer. The defendants had dug up holes near the path leading to the samadhi of the ancestors of the plaintiff and near the Temple and the house, which were to be built. The defendants were trying to erect the transformer near the samadhi of the plaintiffs ancestors. The erection of the transformer at that place would block the entrance of the Temple and it would also be dangerous to the people using the area. On the southern side of the place, where the defendants are proposing to erect the transformer, there is a vacant space. If the transformer is erected in the said place, it would not cause any harm to any one. In such circumstances, the plaintiff had filed the suit in O.S.No.45 of 1986, before the District Munsif Court, Thirupattur.

4. The written statement filed on behalf of the third defendant had been adopted by the first and second defendants.

5. In the written statement filed by the third defendant, it has been stated that the suit has been instituted by the plaintiff with an ulterior motive. It has been filed in order to harass the defendants. The said suit is not maintainable, either in law or on facts. Pursuant to the request of Highways Department, the defendants had shifted the transformer to a different place. Since there are other electrical poles, which have already been put up, the transformer had to be erected on the western side of the road. By such erection, no harm would be done to the plaintiff or to her property. The suit is prohibited by section 82 of the Indian Electricity Supply Act. As such, the suit filed by the plaintiff is devoid of merits and therefore, it is liable to be dismissed.

6. In view of the averments made on behalf of the plaintiff, as well as the defendants, the trial Court had framed the following issues for consideration:

"1) Whether the plaintiff is entitled to the relief of mandatory injunction, as prayed for in the suit?

2) what other reliefs?"

7. On analysing the evidence on record, the trial Court had come to the conclusion that the defendants in the suit are having the power to erect the transformer at the place in which it is proposed to be erected, in accordance with the provisions of the Indian Telegraph Act and the Indian Electricity Supply Act. further, the erection of the transformer is for a public purpose and shifting it to another place would cause the Electricity department a sum of 25,000/-, as expenses. Further, the decision to erect the transformer had been taken after proper planning by the experts in engineering and after analysing all the relevant aspects. If the reliefs, as prayed for by the plaintiff, are granted, it would cause heavy loss and serious damage to the scheme of the defendants, which is meant for a public purpose. It would also adversely affect the national interest, with regard to the production and supply of electricity. A