GOPINATHAN Vs. VENUGOPALAN

JUDGEMENT

(1.) The controversy between the parties in this case is as regards the flow of water through a pathway, on which a right of way is asserted by the petitioner.

(2.) The petitioner says that he has filed O.S.No.261 of 2019 before the Munsiff's Court, Palakkad, seeking, inter alia, a permanent prohibitory injunction against the respondents from discharging water from their properties, which is situated on the eastern side of 'B' Schedule pathway into it.

(3.) The petitioner says that he was constrained to approach the Munsiff's Court with the suit since the respondents herein/defendants were attempting to flow water through their property, diverting it through a chal (canal) therein and to discharge it directly into the pathway, thus obstructing his and his family's right of way through the same. He says that even though the Trial Court granted an order of injunction as prayed for, the Ist Appellate Court has, through Ext.P6 order, vacated the same, permitting the respondents to take irrigation water through the plaint 'B' schedule property into the paddy field, situated topographically below it, till the Panchayath takes alternative arrangements for the flow of such water.