SAMAYAN Vs. N VELU

JUDGEMENT

(1.) THE Appellants are third and fourth defen"dants before the District Munsif Court, Manamadurai. THE first and second plaintiffs are the ayacutdars of Nedungulam Kanmai. THEy are also representing all, the ryots of the said Nedungulam Kanmai. THE first and sec"ond defendants are the Government officials. THE appellants were impleaded in the plaint for themselves and also on behalf of the ayacutdars of Ganapathiyenthal Kanmai. For the sake of convenience, the litigative status of the parties is mentioned in this judgment as found in District Munsif Court proceedings.

(2.) THE first and second plaintiffs along with 3 to 6 plaintiffs filed a suit for permanent in-junction against `the defendants for perma"nent injunction restraining them from prevent"ing the water obtained by them from the Ganapathiyenthal Kanmai by putting any ob'stacles the District Munsif Court, Manamadurai by its judgment in O.S. No. 259 of 1990 on 24.9.1994 dismissed the suit ob'serving that the plaintiffs are not entitled for any permanent injunction, as prayed for without costs. THE plaintiffs carried the matter in appeal before the District Court, Sivagangai in A.S. No. 112 of 1994 and the said Court on 31.8.1995 allowed the appeal granting perma"nent injunction to the plaintiffs as prayed for, setting aside the judgment and decree of the District Munsif Court, Manamadurai, without costs. Aggrieved over the judgment of the first appellate Court, the District Court, Sivagangai, the third and fourth defendants have come forward with this second appeal before this Court.

(3.) THE learned Additional Government Pleader appearing for the defendants filed a plan prepared by the Tahsildar, Manamadurai which is more helpful for this Court to find out of the locations of tanks and the channels and of the Survey numbers. THE dispute is stated to be in Survey No. 187. All the above said prop"erties are situated in Nedungulam village which is one among South Santhanoor Group of Villages in Manamadurai Taluk in Sivagangai District. This Court directed the learned Additional Government Pleader to file a report with reference to the particulars as to which are sources of water for the Vannanodai Kanmai and Ganapathiyenthal Kanmai. THE learned Additional Government Pleader would submit that inspection was conducted by the Tahsildar, Manamadurai along with Revenue Inspector and Village Administra"tive Officer and the report has been furnished. THE informations found in the said report throw much light on the subject. It is the main grievance of the plaintiffs herein that the first and second defendants, Government officials are attempting to form a channel in Survey No. 187 by means of which the water from South Santhanoor Kanmai would reach Vannnanodi Periya Kanmai which is the main source of ir"rigation to their lands. In fact, the plaintiffs are getting water for their lands for irrigation from Nendungulam Kanmai and Vannanodi Kanmai which are on the north of survey num"ber 187, whereas South Santhanur Kanmai is situated far east in survey number 187. It is to be noted that Ganapathiyenthal is situated on the south-east of Survey No. 187.