DISTRICT COLLECTOR Vs. JOHN NADAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 13-7-1992 passed by the learned Subordinate judge, Tuticorin, in O. S. No. 141 of 1988 which was filed by the plaintiff as against the defendant for recovery of a sum of Rs. 72,400/- towards damages and for issuance of a mandatory injunction for irrigating the lands of the plaintiff described in the schedule of the plaint through sluice Nos. 12, 13, 14 and 15 of Srivaikundam Tenkal, tamirabharani river and for other reliefs.

(2.) BEREFT and niggard of details, the case of the plaintiff as found set out in the plaint could be portrayed thus :

(3.) PER contra, denying and disputing, challenging and impugning, the averments/ allegations in the plaint the defendant filed the written statement which would run thus: the suit is not maintainable. The Government is bound to maintain only water bodies such as ponds, channels leading to sluices. However, the individual agriculturists who are in need of irrigating their lands, should make their own arrangements through channels laid down by them. Agriculturists should have stored water in the canals and from that they should have picked up water and irrigate their lands. The government cannot be held liable for any loss. Accordingly, he prayed for the dismissal of the suit.