ANIYUR MOHAIDEEN Vs. KUMDHI PANCHAYAT UNION

JUDGEMENT

(1.) The appellant herein is a trust which alleges that "masthan Oorani" is its private property. According to the appellant, the said oorani is a separate oorani and it is used for drawing water for drinking to all the community irrespective of any caste or religion. In the year 1968 certain persons tried to interfere with the possession of the appellant and, therefore, the appellant was compelled to file a suit before the District Munsif, Paramakudi for declaration and permanent injunction. The said suit was decreed.

(2.) In the said suit, the State of Tamil Nadu was one of the defendants. Subsequently, the Tamil Nadu Legislature by amending Act 49 of 1974 inserted Section 14-A in the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (T. N. Act 26 of 1948) (hereinafter referred to as "the act").

(3.) On the basis of the aforesaid amendment, Panchayat Anaiyur sent a notice restraining the appellant from cutting trees grown around "masthan oorani".