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2007 Supreme(Mad) 3144

A.C.ARUMUGAPERUMAL ADITYAN
The Executive Engineer, Wind Farm Project, Tamilnadu Electricity Board, Maharaja Nagar, Tirunelveli – Appellant
Versus
S. Jegatheesan – Respondent


Advocates Appeared:
For the Appellants:R. Murali, Advocate. For the Respondents:P. Jeyapal, Advocate.

Judgment :-

The defendants 4 and 5 in O.S.No.384 of 2004 who had lost their defence before the Courts below are the appellants herein. The Plaintiff had filed the suit in O.S.No.384 of 2004 before the Court of Principal District Munsif, Valliyoor for mandatory injunction against the defendants/the appellants herein, the Electricity Board represented by its Executive Engineer and the Superintendent Engineer and for a direction to remove the Electricity poles installed in his land in S.No.2/2A measuring 6.52.08 hectares and also in S.No.2/2C measuring 0.09.08 hectares at Kudankulam village. According to the plaintiff, the defendants 4 and 5 /the appellants herein without the knowledge of the plaintiff had erected the electricity poles in his land i.e., in the above said Survey Number Property at Kudangulam which was objected to by the plaintiff through his notice dated 23.04.2004 and 28.04.2004 to the defendants 1, 2 and 3 respectively. Since the plaintiff is a practicing advocate at Tirunelveli which is about 60 kms away from the place of occurrence, he came to know about the installation of the electrical post in Survey Number property at Kudankulam only in the month of April 2004.






































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