KR.ARUMUGAM SERVAI Vs. SP.MUTHUMANICKAM

JUDGEMENT

(1.) The plaintiffs in O.S.No.70 of 2004 are the appellants. The said suit was laid by them seeking a relief of mandatory injunction, permanent injunction and damages contending that they are entitled to right of irrigation from the Ooravayal Kanmai through first Sluice situated in the said Kanmai. According to them, the defendants, who belonged to the same village and form part of a majority group, have destroyed the first Sluice by force, thereby affecting the irrigation rights of the plaintiffs.

(2.) The suit was resisted by the defendants contending that there are only three Sluices in the Ooravayal Kanmai and there was no other Sluice as claimed by the plaintiffs. The theory that the defendants joined together and removed the Sluice was denied. It was also contended that the suit is barred in view of the provisions of Tamil Nadu Irrigation Tanks (Improvement) Act, 1949.

(3.) The Courts below upon consideration of the evidence on record and after referring to the Description Memoir, which was filed as Ex.B2 concluded that there was no first Sluice in the location claimed by the plaintiffs. The Courts below also found that there are only three Sluices constructed by the Public Works Department in the said Kanmai. Therefore, according to the Courts below, the plaintiffs are not entitled to the relief as prayed for in the suit. The claim of the defendants that the suit is barred under the Tamil Nadu Irrigation Tanks (Improvement) Act, 1949 was also accepted by the Courts below. Aggrieved, the plaintiffs are come up with this appeal.