SAKUNTHALA P Vs. K O NARAYANANKUTTY

JUDGEMENT

(1.) This revision petition raises an interesting question as to whether the neighbouring owners of agricultural land of a public water tank belonging to a temple can seek to get an order under S.133 of the Code of Criminal Procedure, to enable them to use the water of the tank for agricultural purposes.

(2.) To put it differently, can the temple authorities be justified in restricting the user of the water in the tank to only bathing, washing, etc. and not for any other purpose such as irrigation, washing of animals, fishing etc.

(3.) The larger question that has also cropped up is whether the two or three neighbouring property owners can seek invocation of the power under S.133 of the Code to establish their so called easementary right of prescription, custom, usage etc. and also for user of the water from the tank as riparian owners.