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2008 Supreme(Mad) 267

G.RAJASURIA
Superintending Engineer – Appellant
Versus
Murali Raja – Respondent


Advocates Appeared:
For the Appellant:M.Suresh Kumar, Advocate. For the Respondent:Laksmi Gopinathan, Advocate.

Judgment :-

1. This appeal is focussed as against the Judgment and Decree dated 27.04.2007, passed in A.S.No.23 of 2006, by the Principal District Judge, Virudhunagar at Srivilliputhur, in setting aside the dismissal Judgment and decree dated 26.07.2006 emerged in O.S.No.20 of 2004 on the file of Sub Court, Virudhunagar and in remanding the suit to the Sub Court, Virudhunagar for fresh disposal.

2. The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

3. Broadly but briefly, precisely but narratively, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

The plaintiff filed the suit O.S.No.20 of 2004 in the Sub Court, Virudhunagar, seeking mandatory injunction and permanent injunction on the main ground that the Electricity Board Authorities without adhering to the procedures and throwing to winds the principles of natural justice proceeded with the enquiry based on the Second show cause notice which itself was issued only at the instance of the direction given by the Honourable High Court in W.P.No.19788 of 2001. According to the plaintiff, the authority has not given enough opportun





















































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