ATHIMOOLAM PILLAI Vs. PALANIANDI AMBALAM

JUDGEMENT

(1.) This is a dispute between neighbouring villagers. There is a supply channel (A2 and A5) flowing from the Terbogi "Kanmoi" to the Konjani "Kanmoi". The ryots or the Sathamangalam Kanmoi" and the accused in this case are charged with damming A2--A5 at place B in the plan and clearing or making a channel B-B1 and thereby diverting the water flowing in (A2-A5) and so guilty under Section 430 Indian Penal Code.

(2.) Dr. Swaminathan, for the accused (appellants) urges that the channel, A2--A5 is not a supply channel, secondly, that this is a matter for the Civil Courts, and, thirdly, that the elements for the offence of; mischief are not present here.

(3.) There is no doubt that A2--A5 is a supply channel, that is found by both Courts and is also established by Exhibit A whereby the Konjani villagers were to enjoy the water flowing along A2-A5. The Exhibit is dated 9th March 1914 and in it the channel is called Kulaikal (supply channe). There is no substance in the suggestion that this a spurious document, it, therefore, seems to me that the petition on the point of claim of right in the petitioners fails.