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2017 Supreme(Mad) 3540

D.KRISHNAKUMAR
Superintending Engineer, Tamil Nadu Electricity Board, Annal Salai, Chennai – Appellant
Versus
Balaji Educational and Charitable Trust, Rep by its Chairman – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Abdul Saleem, Advocate
For the Respondents:OM Prakash Senior Counsel for M. Venkatakrishnan, Advocate

JUDGMENT :

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





































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