IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.11.2024 CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI S.A.No.760 of 2024 and CMP.No.24577 of 2024

1. Samboornam

2. P.Muruganantham ...Appellants Vs.

1. Jayamani

2. The Superintending Engineer (O & M), Tamil Nadu Electricity Generation and Distribution Corporation Erode Distribution Circle, Erode.

3. The Executive Engineer (O & M)

Tamil Nadu Electricity Generation and Distribution Corporation, Erode Distribution Circle (South), Erode.

4. The Assistant Engineer (O & M)

Tamil Nadu Electricity Generation and Distribution Corporation Erode Distribution Circle/Town Kodumudi. Erode. ... Respondents Prayer :Second Appeal has been filed under Section 100 of the Civil Procedure Code, to set aside the Judgement and decree passed in A.S.No.18 of 2023 on the file of the 1^st Additional Sub Court, Erode, dated 01.04.2024 confirming the Judgement and decree passed in O.S.No.116 of 2017 on the file of District Munsif cum Judicial Magistrate, Kodumudi dated 28.02.2023 and to allow the Second Appeal.

For Appellant : Mr.A.Sundara vadhanan

J U D G M E N T

The Second appeal has been filed to set aside the Judgement and decree passed in A.S.No.18 of 2023 on the file of the 1^st Additional Sub Court, Erode, dated 01.04.2024 confirming the Judgement and decree passed in O.S.No.116 of 2017 on the file of District Munsif cum Judicial Magistrate, Kodumudi dated 28.02.2023.

2. The appellants herein is the plaintiffs filed a suit in O.S.No.116 of

2017 against the 1^st defendant for the relief of not to grant service connection in favour of the 1^st defendant in yellow colour part of the suit east-west common Uthi across the land in R.S.No.824/9 existing the well and prayed to permanent injunction against the 1^st defendant. Further,the plaintiffs are one of the co-owner of the land comprised in R.S.No.824/9 and there is a well situated in the land, however, the 1^st defendant/1^st respondent herein without his consent of co-owners, he dug another new well in R.S.No.824/9 and trying to obtain electricity service connection from the defendants 2 to 4 for transmission of the line below 5 feet the down slop across the Uthi. If he new service connection is provided, the electric lines and poles has to be laid through the common Uthi which would cross through the trees in the Uthi, since the height of the Uthi is 10 feet there is possibility of electric accidents and also there would arise hindrance to the plaintiffs and other land owners passing through the common Uthi and using for cattle grazing and as well as cart track..Further, already there is a Well in R.S.No.824/9 but the 1^st defendant has attempted to get service connection in the new Well by crossing the same electric pole. Further, the plaintiffs have made several objections to the respondents 2 to 4 but no steps have been taken. Therefore, he filed the suit.

3. The 1^st defendant contested the suit stating that R.S.No.824/9 absolute belongs to the 1^st defendant family. Further, 25 years ago, the 1^st plaintiff's husband and the 1^st defendant's husband have entered into the oral agreement, thereby, they dug the Well and using the water in agriculture land and thereafter, they have obtained a service connection stands in the name of 1^st plaintiff's husband and enjoyed the same commonly. Further, there was enmity between the 1^st defendant and the plaintiffs, due to water shortage, the 1^st defendant had dug the Well in R S.No.824/9 and to obtain the service connection from the defendants 2 to 4.. Therefore, the plaintiffs filed the suit with intention to ulterior motive and given false averments.

4. Before the trial Court, both parties were adduced the evidence, the trial Judge held that the plaintiffs have suppressed the facts that they already obtained the service connection in R.S.No.824/9 and they have approached the Court with unclean hands. Further, the 1^st defendant wanted to get service connection from the electric pole as such is sustainable. Therefore, the sui