S R RAMASWAMI AIYAR Vs. KCSAPTHARISHI REDDIAR

JUDGEMENT

(1.) The maintenance in proper condition of the irrigation and drainage channels in a village is a matter of vital importance for the well being of the village community. The productivity of the land very largely depends on the supply in time of sufficient quantities of water, and this can only be secured by keeping the channels periodically cleared of accumulating silt. Every member of the village community is fully conscious of this need but unfortunately we find quite an appreciable number, of the smaller mirasdars in particular frequently evading their share of the common burden. The problem is sufficiently accute, in the Cauvery delta and it is time that the Government devised an effective remedial measure to meet the evil, the existing machinery being inadequate.

(2.) The difficulty appears to have been felt in the village of Seelaipillayarputhur in the Musiri Taluk as early as 1876 when we find, an agreement was entered into amongst the mirasdars of the village for the due maintenance of the village irrigation system and for the proper conduct of its common affairs. The agreement was embodied in the razinama decree passed in O.S. No. 9 of 1876 on the file of the District Munsif of Kulitalai, and appears to have been in force for a period of nearly 58 years. Experience during these years probably suggested that there was need for a revision and hence a fresh agreement Ex. B was entered into on 9 July, 1934.

(3.) The appellant is a pattadar holding lands in the village. The respondent is a leading mirasdar of the village, being the largest single owner therein. It was but natural that he should have been singled out and entrusted with the task of keeping the village channels in proper repair. By Ex. B he and his legal representatives after him were accordingly appointed managers for the several purposes therein mentioned. The funds necessary for enabling the respondent to carry out the repairs to the channels were derived from the following sources. There are the samudayam or the common lands in the village and there are also certain other common sources of village income, namely, those arising out of what has been described as the duck lease and the grass lease. The agreement provides that the samudayam lands should be under the management of the respondent, but the kist due thereon should be paid by the several pattadars proportionately to the extent of the land in their respective pattas. The proceeds of the duck lease and the grass lease to be realised by auctions held for the purpose, were to be divided into two moieties one moiety to be paid to the appellant for defraying certain common expenses of the village, the other moiety to be retained by the respondent. The income from these sources was to be supplemented by the payment by the several mirasdars to the respondent, sums of money calculated on the basis of one rupee for each acre of land.