CRP(MD)No.1439 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

CRP(MD)No.1439 of 2022

Rajalakshmi

: Petitioner

Vs.

1.M/s.Robin Power Solutions (P) Ltd.,

Through its Manager,

Door No./192,

Kombaipatti Main Road,

Sinnupatti, Reddiapatti Village,

Nilakottai Taluk, Dindigul District.

2.The Superintending Engineer,

Tamil Nadu Generation and Distribution Corporation Ltd.,

Meenatchinaickanpatti Post,

Dindigul District.

3.The Assistant Executive Engineer,

Tamil Nadu Generation and Distribution Corporation Ltd.,

110 KV, SS Complex,

Kattkamanpatti, Batlagundu,

Dindigul District.

4.The Assistant Engineer,

Tamil Nadu Generation and Distribution Corporation Ltd.,

Virveedu, Nilakottai Taluk,

Dindigul District.

: Respondents

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CRP(MD)No.1439 of 2022

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of

India to call for the records relating to the order dated 10.06.2022 passed by the

learned District Munsif, Nilakottai, in unnumbered O.S.No.-- of 2022 and set aside

the same.

For Petitioner

: Mr.D.Malaichamy

*****

ORDER

The petitioner, as plaintiff, has proposed to file a suit before the District

Munsif Court, Nilakottai, seeking permanent injunction and mandatory injunction,

as against the respondents herein. The learned District Munsif, by order dated

10.06.2022, rejected the plaint under Order 7 Rule 11(d) CPC, without numbering

the suit. Aggrieved over the same, the petitioner has filed the present revision

petition.

2.According to the petitioner, the first respondent is a Company involved in

generating electricity using solar power and they have set up their plant near the

petitioner's property. In order to transmit the power generated, the first respondent

has erected electric poles in the petitioner's property, without obtaining any

permission. Therefore, the petitioner has proposed to file a suit, however, the trial

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CRP(MD)No.1439 of 2022

Court has rejected the plaint stating that civil Courts do not have jurisdiction under

Section 145 of the Electricity Act, 2003 [hereinafter referred to as 'the Act'].

3.Learned Counsel for the petitioner submitted that the bar as referred to

under Section 145 of the Act is only with regard to the issues coming under

Section 126 [unauthorized usage of electricity] and Section 127 [appeal remedy]

of the Act, which is not the case herein. Therefore, the learned Counsel prayed for

appropriate orders.

4.This Court considered the submissions made by the petitioner's Counsel

and perused the materials on the record.

5.The language employed under Section 145 of the Act is clear and the bar

of civil Court's jurisdiction is only with respect to 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 the Act is empowered or to

determine under the Act. Section 126 of the Act deals with the assessment of

unauthorized use of electricity and Section 127 is the appeal remedy to the

assessment order made.

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CRP(MD)No.1439 of 2022

6.For the sake of convenience, Section 145 of the Act is extracted as under:-

“145. (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 this Act.”

A plain reading of the above provision shows that a specific restriction is made to

matters c