C ARULSAMY Vs. STATE

JUDGEMENT

(1.) Third parties/Ayacutdars of Meyanur and Sannendal Eri, are the appellants.

(2.) Respondents (8) & (9) as the representatives of Sennendal and Mayanur Eri, have filed the suit against Respondents (1) to (7), for declaration that they are entitled for unobstructed, undiminished, mamool and customary supply of water from the Pambar River to their Kanmois, and for consequential relief of permanent injunction, from interfering in any manner, either by construction across the river Pambaru in Survey No.19 or otherwise, contending that the source of supply for their Kanmais is the rain water and surplus water from Pambaru River, which is enjoyed by them from time immemorial, which is also recorded in the revenue registers, that without any notice, the defendants 1 to 3, motivated by somebody, threatening to put up construction across the river Pambaru at Survey No.19, thereby they are making an attempt to obstruct the mamool and customary supply of water from Pambaru affecting their rights also, which they have earned, which should be protected by the grant of the above said relief.

(3.) Defendants (1) to (3) questioning the correctness of the averments in the plaint, have resisted the suit, contending that in order to provide irrigation facility, and to ensure supply of water at all times to the suit tanks and other tanks, with an aim of equitable supply of water to all the Ayacutdars, a proposal was meted out for construction of Anaicut, for which advertisements were made, calling for objections, then considering the objections, government have proposed to construct an Anaicut at Survey No.19, which will facilitate smooth equitable, accustomed, undiminished supply of water to all Ayacutdars of lower down reaches and therefore, the suit filed by two villages in order to restrain the right of the defendants is not maintainable, thereby praying for its dismissal.