STATE OF TAMIL NADU Vs. SUDALAIPOTHI NADAR

JUDGEMENT

(1.) THE respective defendants who suffered decree before the courts below have filed the above Second Appeal.

(2.) THE plaintiffs for themselves and on behalf of the ayacutdars of Authoor tank and channel filed the suit in O.S.No. 76 of 1979 on the file of the Sub-court, Tuticorin seeking a declaration that the ayacutdar of Authoor tank and channel are entitled to the entire water in Authur channel and tank and also to issue consequential permanent injunction restraining the first defendant, its men, agents, servants from interfering in any manner with the supply of water to Authur tank through Authur channel and fo r declaration that the order passed by the Collector in ROC.A.9.156933 of 1978 dated 31.1.1979 is illegal and unsustainable in law and for mandatory injunction directing the first defendant to remove the structure that has been put up during October 1978 and January 1979 at the point "Z" in the plaint plan. THE plaintiffs filed the present suit on the basis of the dismissal of the suit in O.S.No.6 of 1913, Sub-Court, Tuticorin in the judgment dated 31.1.1917. THE said suit was filed by Rameswaram Devast hanam against the ayacutdars of Authur tank. THE defendants defended the present suit on the ground that the plaintiffs are not entitled for the prayer sought for and the Collector is having jurisdiction to regulate the channel. THE trial court though held that the plaintiffs cannot claim any absolute right with respect to the Authoor tank and channel, decreed the present suit as prayed for. Aggrieved against the same, the first defendant-Government filed appeal in A.S.No.145 of 1984 on the file of the District Court, Tirunelveli. THE lower appellate court also concurred with the findings of the trial court and dismissed the appeals. Aggrieved against the same, the State Government has filed S.A.No.37 of 1986 and the defendants 2 and 3 have filed A.S.No.268 of 1986.

(3.) FROM the abovesaid decisions cited it will be clear that the suit filed by the plaintiffs is barred under Section 4 of the said Act.