1. This Civil Revision Petition is filed to set aside the fair and decreetal order dated 29.08.2017 passed in I.A. No.508 of 2016 in O.S. No.171 of 2014 on the file of the Principal Subordinate Judge, Chengalpattu.

2. The first respondent herein filed a suit in O.S. No.171 of 2014 before the learned subordinate Judge at Chengalpet seeking for permanent injunction against the revision petitioner. According to the revision petitioner the first respondent made an illegal attempt to lay a cable and install towers in the suit scheduled property in the first week of November 2014. Hence, the revision petitioner has filed the present suit. In the aforesaid suit, the first respondent/plaintiff has obtained an ad-interim injunction under Order 39 rule 1 and 2 & r/w Section 151 of the Code of Civil Procedure.

3. The revision petitioner/defendant has filed an application under Order 7 Rule 11 of the Code of Civil Procedure before the Court below seeking to reject the plaint in O.S. No.171 of 2014. The revision petitioner stating that in terms of Section 164 of Electricity Act 2003, approval of the State Government is sufficient and valid for erection of towers and no notice or consent of the owner/occupier of any land requires for erection of towers. The petitioner need not obtain any consent from the land owner before laying transmission lines and towers. The proposal for erection 400 KV transmission line from Kayathar (Tirunelveli Region) to Ottiyambakkam (Chennai Region) has been published in the Gazette Notification in Part VI-Section 3(b) dated 09.11.2011 by the Government of Tamil Nadu. Notification has been issued calling for objections from the interested parties. However, no objections were received from the respondent. Pursuant to the said notification, the revision petitioner has commenced the projects in the month of August 2012 for erection of the 400 KV Transmission line and 2058 towers from Kayathar (Tirunelveli Region) to Ottiyambakkam (Chennai Region) at the length of about 748 Kms at a cost of Rs.2,300 Crores. According to the Revision Petitioner/defendant, the erection of 2039 towers have already been completed for a total at the length of 748 kms, the stringent conductors for a length of about 732 Kms has also been completed and out of which 722 Kms has also been energized and the aforesaid project ought to have been completed by June 2015.

4. Counter statement has been filed by the respondent/plaintiff in I.A.No.508 of 2016 in O.S. No.171 of 2014 by denying the allegations and contended that the bar under Section 145 of the Electricity Act, 2003 is only with regard to the proceedings under Section 126 and 127 of the Act which deals unauthorized use of electricity and collection of penalty. As such the bar contemplated under the said section will not cover the nature of the present suit and the revision petitioner cannot invoke the same for rejection of the plaint. The defendants are not a Government, thereby it is not mandatory, to issue notice under Section 80 of Code of Civil Procedure.

5. On the aforesaid grounds, by considering the contention of both the parties, the Court below has dismissed the application holding that the same shall be decided only at the time of trial. Challenging the same, the revision petitioner/defendant has filed the present revision petition before this Court.

6. The learned standing counsel for the revision petitioner/defendant has raised the following grounds:

(i). Notice under Section 80 of the Code of Civil Procedure has not been complied with.

(ii). The Civil Suit is not maintainable, in view of Section 145 of the Electricity Act, 2003 and remedy available under Section 17 of the Telegraphic Act.

7. According to the revision petitioner/defendant the suit itself is liable to be rejected for non-compliance of provision contemplated under Section 80 of the Code of Civil Procedure. Pursuant to the said Gazette Notification issued by the Government of Tamil Nadu in Part VI-Section 3(b)