KANNADASAN Vs. ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) THE plaintiff is the appellant.

(2.) THE plaintiff has filed the suit against the respondent/defendant for permanent injunction restraining the defendant from in any interfering with the peaceful possession and enjoyment of the suit property contending, that he is taking water through underground pipelines for the past 60 years, which was recognised by the defendant in the year 1954, that the plaintiff has the right to irrigate his lands by taking water from Aliyar river, which he is doing from time immemorial and that the same cannot be defeated either by the Government or by any third party, which is now sought to be disturbed by the defendant.

(3.) THE defendant, while opposing the claim had stated, that the act of the plaintiff in taking water through under ground pipeline and connecting the river and private well are illegal and unlawful, since he has not right to do that as per the agreement reached between the Government of Tamil Nadu and Kerala, the Government of Tamil Nadu has to maintain the supply of water, failing which they are liable for damages and that if the plaintiff is allowed to take water by illegal method, it may not be possible for the Government to safe guard the agreement and therefore, granting injunction against the defendant, who attempted to prevent the illegal act of the plaintiff, is not at all maintainable.