PALANI VILLAGE VAIYAPURI KANMOI PASANAM KARIPATHAU PARAVU Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS DISTRICT COLLECTOR

JUDGEMENT

(1.) The unsuccessful plaintiff before both the Courts below is the appellant. The suit in O.S.No.988 of 2011 on the file of District Munsif Court, Palani, was filed by the plaintiff seeking for:-

(2.) The Tamilnadu Government represented through the District Collector of Dindigul District and another association consisting of kilaivaikal ayacutdars (members), were arrayed as defendant. It is claimed by the plaintiff that the members of the plaintiff's association are, as a matter of right, entitled to irrigating the suit properties by drawing supply of water from 'Vaiyapuri Kanmai' through its first sluice known as "Kolinji Mettu Mathagu", its sub channel 'Thoni' etc., except by allowing the surplus water if any flow into Kilaivaikal, through which, the lands belonging to members of the second defendant association are getting irrigated. In other words, the crux of the contention of the plaintiff is that they have the first right to get the water supplied through "Kolinji Mettu Mathagu" and only when there is surplus, it can go to the 'Kilaivaikal' to supply water to the members of the second defendant association.

(3.) The defendants contested the suit. It is their case that no such understanding was ever made between the parties, as claimed by the plaintiff and on the other hand, both the plaintiff and the second defendant are entitled to get water only as per the arrangements made by the first respondent and not as per their own Will and pleasure, more particularly, as claimed by the plaintiff in the suit.