The main legal point established in the judgment is that the Civil Court cannot entertain disputes related to the Electricity Act if remedial measures are available under the Act and the Supply Code, and the suit was expressly barred by the provisions of the Special Act.

1. The present Second Appeal on hand is preferred against the judgment and decree passed in A.S.No.80 of 1997 dated 27.2.2003 on the file of Sub Court, Kancheepuram, confirming the judgment and decree passed in O.S.No.1242 of 1990 dated 3.6.1996 on the file of the Additional District Munsif Court, Kancheepuram.

2. The ranking of the parties are referred as per the ranking assigned before the Trial Court.

3. The plaintiffs are the appellants in the Second Appeal. The suit is filed for permanent injunction and for mandatory injunction. The plaintiffs are Om Sakthi Real Estate and they have formed a layout and accordingly, formulated a Gated Community for the purpose of developing their land.

4. The grievances of the plaintiffs were that the defendant-Electricity Board had erected electricity poles through the property belongs to the plaintiffs.

5. The learned counsel for the appellants mainly contended that such an erection of electricity pole was done without even issuing a notice to the plaintiffs, which is mandatory under Section 12 of the Electricity Act. It is further contended that in the event of a proposal for erection of electricity poles by the Electricity Board, the persons who are likely to be affected are entitled for notice and the Authorities Competent are bound to consider their objections, if any submitted. However, in the present case, no such notice was issued to the plaintiffs, enabling them to submit their objections in respect of erection of electricity poles via the property belongs to the plaintiffs.

6. Under these circumstances, the plaintiffs were constrained to institute a civil suit for permanent injunction and for mandatory injunction. The Trial Court found that the Electricity Act provides power to the Authorities to erect electricity poles for the benefit of the consumers of electricity in that locality. Thus, there is no error in respect of the erection of electricity poles by the Electricity Board in that locality.

7. The view taken by the Trial Court is confirmed by the First Appellate Court and the First Appellate Court also found that the erection of electricity poles by the Electricity Board was for the benefit of the consumers of electricity in that locality and therefore, no interference is called for. Challenging the said judgment and decree, the present Second Appeal has been filed.

8. The question of law on which the Second Appeal was admitted is that “Whether the Courts below are correct in dismissing the suit without properly appreciating Section 12 of the Indian Electricity Act, 1910?

9. The learned counsel for the appellants emphasised that a show cause notice under Section 12 of the Electricity Act is mandatory. Any person affected or likely to be affected, is entitled to get a notice and submit their objections for erection of electricity poles in their property. However, the defendants had not established before the Trial Court that such a notice contemplated under Section 12 was issued to the plaintiffs nor they have received any objections from the plaintiffs for the purpose of commissioning the electricity poles in the property belongs to the plaintiffs.

10. This Court raised a question that whether the Civil Court has got jurisdiction to entertain a civil suit in view of an express bar contemplated under Section 145 of the Electricity Act. Section 145 of the Electricity Act, stipulates that “Civil Courts not to have jurisdiction, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Assessing Officer referred to in Section 126 or an Appellate Authority referred to in section 127 or the Adjudicating Officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the Electricity Act.” The remedial measures are provided under the Electricity Act itsel