Clty VI ASST. CML court: CHENNAI “Ane, 49% 2016 In 0. ‘S.No, 2849 of 2012 § AV CHaNDRAN se Petitioner/Plaintiff. Yr. Vs . TESWAMINATHAN [Deca] 8 and others +..Respondents/ Defendants PETITION FOR INJUNCTION 0/0 XXXIX RULE 1 & 2 OF CPC. y/s. C,AJITH KUMAR M UGAN & giRIJA VELMURUGAN. COUNSEL FOR pt T10NER/ PLAINTIFF.= ae NAT if 5, oHEN IN THE CouRr op 2 0 Sh ry 016 Tan, of w po1m °. of S Ravichandran, S.N0, 264? $/0. Mr.M.Swaminathan, if. Residing at No.14/2, sjoner/Plaint! Sarathapuram 24 Street, co aoe Mylapore, Chennai 600004, . ig LR'S “VF pgented by Fi 1. Mr.M.Swaminathan, [Since Deceasqjj¢?"°=" ‘S/o.Muthumari Nadar, 2| Mr.S.Vijaya Kumar, son of Mr.M.Swaminathan, residing at No.7, Magatma Gandhi Road, Thirwvanmiyur, Chennai 600 041 3] Mr.S.Dhanapal, son of Mr.M.Swaminathan, No.14, No. 14/21, Northern Road, Mandaveli, Chennai 600 028. 4. The Collector, Collector of Chennai District, Singaraveler Malikai, Chennai. 5. The Sub-Registrar, Mylapore Registrar Office, Santhome High Road, Santhome, Chennai. 6. The Thasildar, Mylapore-Triplicane Taluk, Pasumpon Muthuramalingam Road, R.A. Puram, Chennai 600 028. Chennai District. 7. The Taluk Surveyor, Mylapore-Triplicane Taluk, Pasumpon Mutburamalingam Road, R.A, Puram, Chennai 600 028. Chennai District. 8. Mr.S.ANANDHAN, S/o. Late Thiru.M.Swaminathan, No.146, T.H.Road, ‘Sharma Nagar, Chennai -€00 039. [Respondents 2,3 and 8 are the legal Pete, Deceased Thiru.M.Swaminathan] 1[Pageot er ge 9. The Chairman, roar Ss Tamilnadu Electricity Board, a No.800, Anna Salai, ‘ 6 Chennai 600 002 o s 10. The Asst. Engineer, & Tamilnadu Electricity Board, sf No.1, Narasimmapuram, KV.Vishalakshmi Thottam, M 'ylapore, Chennai 600 004. Proposed Respondents/Defendants AFFIDAVIT OF 8,RAVICHANDRAN. SRavichandran, 8/o.Late Thiru.M.Swaminathan, Hindu, aged about 47 years, residing at No.14/2, Sarathapuram 26 Street, Mylapore, Chennai 800 004, do hereby solemnly affirm and sincerely state as follows:- ‘I state that Iam the petitioner in the above petition and the plaintiff in ‘the above suit in 0.8.No.2849 of 2012 and as such, 1am well acquainted with the facts of the case. 2 state that I have filed the above suits for declaration and for Pesmanent injunctions as against the delendants, The plaint may be read as, art and parcel of this affidavit. 3. I state that my father namely first Respondent/defendant namely ‘ThiraM-Swaminathan died on 31-01-2015 leaving behind the following, Persons as his legal heirs to his entire estate and they are the surviving legal heirs. I further state that the right to sue survives on the legal heirs. [Serial Number Name Relafionship and age L Mr.8.Vijaya Kamar | Son, aged about 52 ears t 2 Mr. 8. Anandhan | Son, aged about So years I 3 Mr. S. Dhanapal Son, aged about 47 | years. 7 Mr. 8. Ravi Chandran, Son, “aged about 46 _ ‘years 5. Hence | have filed a petition in 4, No.8727 of 2018 to bring the legal representatives of the deceased M.Swamjnathan. This Hon'ble Court allowed the above said petition on 15-12-2015 yyereafter I have filed consequential 2|Paueneon PEEHOM ANE the, eed are Nh amen Ny a! “ein 5, I further state * thy ° records ave all in the ame 9 thy the demise of the above defendants 2 & 3 are applied g " Mutat records in Electricity connection y. 4g, 127-0 log 047-48) g6/CEDC/CENTRAL lying No.14/2, situated at in property ¥ e-09, and Ward 123: thapuram 2° street, Mj ail apor, gy gansi 600004 20 | further state that, Since the ita in 0.8.No.9217 of goi1 and Orgjnat su 0..No.2849 of 2012 are pending ye sis Hon'ble Com Chennai and the subject matter of the settlement gas .. under challenge before this Hon'ble is Court and hence they have no rgly yp change the name in the electricity Service No.127-047-48, 127-047-49 aq 127-047-277 SE, | CEDC, Central. 7. Lfurther state that the respondents 2 & 3 are trying to change the name in the electricity connedion Service No.127-047-48, 127-047-49 and 127-047-277 SE/CEDC/ CENTRAL, and gave applications before the Asst. Engineer, Tamilnadu Electicity Board, No.1, Narasimmapuram, K.VVishalakshmi Thottam, Mylapore, Chennai 600 004 to change the name in the electricity connection, mediately I sent a legal notice dated ‘respondents/ defendants and the same have fed 7/3 Ie fér'receipt of the notice also the 003-2016 to the proposed been received by them on 05032016. A! proposed respondents/ defendant vise me to approach the civil court {for remedy. Hence I am constrainé '° file the present petition, 8, 1 further state that sinot "Ne above suit is pending before this Hon'ble court for the same oaus °f action and hence I am filing the adir present applications for im#**S"8 the proposed respondents/ 10 in defendants as defendants 9 & ©" 'R* sbove suit in 0.3.N0.2849 of13 oe 2012. I further state that the P™??%¢d respondents/defendants ar © Prop, * and necessary parties in the suit! “ther advised to state that it wit Rot change the cause of action and it is @ Continuous cause of action of the aboy said suit. 9. I state that I have also filed the present petition for interim inj i junction restraining the proposed tespondents/defendants, to change the name in the electricity Service No.127-047-48, 127-047-49 and 127-047-277 SE/CEDC/CENTRAL lying in the plaint schedule mentioned property infavour of the respondents/defendants 2 and 3. I further state that if the proposed respondents 9 & 10 changed the name in favour of the respondents 2 & 3 in the electricity service connections place in the name of Thiru.M.Swaminathan, I would be put to serious prejudice. Hence I filed the present petition. I state that I have made out a prima-facie case and the balance of convenience is also in my favour. I state that if the interim injunction is not granted I would be put to irreparable hardship and contrary no prejudice would be caused to the loss and on the respondents/defendants. In these circumstances, I therefore most humibly pray that the Hon'ble court may be pleased to j] Implead the proposed respondents/defendants 9 & 10 as Defendants 9 & 10 in the above suit is O.S.No. 2849 of 2012 and ii] grant an interim injunction restraining the respondents/defendants 9 & 10 to change the name of Thiru.M.Swaminathan in the electricity Service No.127-047-48, 127-047-49 and 127-047-277 SE/CEDC/ CENTRAL lying in the plaint schedule mentioned property infavour of the ler Justice. respondents/defendants 2 and 3 and thus rend Solemnly affirm at Chennai this the — day of March 2016 Before me, and signed her name ‘Advocate, Chennai, in my presence. 4|Page8. Ravichandran, - $/0. Mr.M.Swatn Mee anit Residing at No. ainsthan, 9, 2 Sarathapuram ‘as & Mylapore, Chennai 80ee 04 petitioner/ Plaintiff. 1. Mr.M.Swe aminath, : “ i S/o.Muthumar, Nada’ [Singg Deeg V6 grsented by his LR’s 2| Mr.8.Vi ted) Jaya, son of MMe omar, M.Swamin, at residing at No.7. than, Magatma Gandhi Thirwanmiyur Roi 3] Mr.8.Dhanapay, son of Mr.M.Swatnin No.14, No. 14/9), than, Northern Road, ” Mandaveli, Chennai 600 028, 4. The Collector, Collector of Chennai Dist-ict, Singaraveler Malikai, Chennai. 5. The Sub-Registrar, Mylapore Registrar Office, Santhome High Road, Santhome, Chennai. 6. The Thasildar, Mylapore-Triplicane Taluk, Pasumpon Muthuramalingam Road, R.A, Puram, Chennai 600 028. Chennai District. 7. The Taluk Surveyor, Mylapore-Triplicane Taluk, Pogumpon Muthuramalingam Road, R.A. Puram, Chennai 600 028. Chennai District. . Mr.$.ANANDHAN, sie. Late Thiru.M.Swaminathan, No. 146, T.H.Road, Sharma Nagar, Chennai -600 039. , Respondents/ Defendants, (Respondents 2,3 and 8 are the eg! Feresentaties ofthe ee ‘Thiru.M.Swaminathan] s|Paseey 9. The Chairman, Tamilnadu Electricity Boards No.800, Anna Salai, Chennai 600 002. 10. The Asst. Engineer, Tamilnadu Electricity Board, No.1, Narasimmapuram, K.V.Vishalakshmi Thottam, Mylapore, Chennai 600 004. Proposed Respondents/Defendants PETITION UNDER ORDE! ae ILE 1 & 2 OF CPC R/W 151 OF For the reason stated in the accompanying affidavit, the Petitioner/Plaintiff humbly prays that this Hon'ble court may be pleased to grant an interim injunction restraining the respondents/defendants 9 & 10 to change the name of Thiru.M.Swaminathan in the electricity Service No.127-047-48, 127-047-49 and 127-047-277 SE/CEDC/CENTRAL lying in the plaint schedule mentioned property infavour of the Tespondents/defendants 2 and 3 and thus render Justice. Dated at Chennai this the day of March 2016. COUNSEL FOR PETITIONER/ PLAINTIFF. LIST OF DOCUMENT: 1, Electricity charges paid receipts in the name of Thira.M, Swaminathan {Series}. 2. Legal Notice dated 0f-0f-2016. 3. Acknowledgement cards Dated at Chennai this the day of March 2016, COUNSEL FOR PETITIONER/PLAINTIFF.cy * ow Vi Asgr, “courr, CHENNAI oe Reepondente/ Defendants PETITION FOR INJUNCTION U/OXXXIX RULE 1 & 2 OF CPC. C,AJITH KUMAR wie UGAN & omga VELMURUGAN. COUNSEL FOR on )NER/PLAINTIFF. periTio.