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1999 Supreme(Mad) 805

S.S.SUBRAMANI
Pharmasivam and another – Appellant
Versus
Tamil Nadu Electricity Board rep. by its Superintending Engineer, Periyar Electricity System, Mettur, Erode and 2 others – Respondent


Advocates Appeared:
Mr. R. Sekar, Advocate for M/s. Sarvabhamuman, Associates for Appellants.
Mr. V. Rangabashyam, Advocate for Respondents.

Judgment :-

1. Plaintiffs In O.S. No. 1360 of 1989 on the file of I Additional District Munsif, Erode, Periyar District are the appellants. Suit filed by them was one for permanent prohibitory injunction restraining the defendants, their men, agents, servants from erecting a transformer in front of the suit property (Door No. 168, Sathy Road) having its rear portion facing Nehru Street and for consequential reliefs. It is stated in the plaint that the schedule property belonged to the plaintiffs as per family partition deed dated 1.7.1987. In the property there is a non-residential building. It is having its frontage facing Sathy Road, which runs east to west. On the immediate east of the property a North South road runs and its is called Nehru Street. The suit property has got its rear portion facing Nehru Street and it forms one block. The width of Nehru Street is about 50 feet. There is also a zinc steel roof structure in the property. It is alleged that after shifting the bus stand to Sathy Road and after formation of Periyar District with Erode as Headquarters, there is a steep rise in the price of the properties in and around Sathy and Nehru Street.

The reason for filing this s













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