SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR OF MADURA Vs. PSNAGESWARA AYYAR (DECEASED)

JUDGEMENT

(1.) This is an appeal by the Secretary of State (first defendant in the suit) against a decree declaring the exclusive right of the plaintiffs to all the water in an irrigation channel known as the Varahanadi Channel near Periyakulam in the Madura District, and restraining the Government by injunction from interfering in any manner with that channel between the points marked A-1 to A-7 in the plaintiffs plan, whether by way of cutting open or digging a new channel or by way of diverting the water.

(2.) The Varahanadi channel takes off at the foot of the Palni hills from a river known as the Varahanadi river at the point marked A-l in the plaint plan. At this point, the main river turns northward and after some distance runs eastward, whereas the Varahandi channel runs almost directly eastward from the point A-1. At A-1 there is an east to west dam of boulders (called Thalavamadai dam) whose effect is to turn all the low water coming down the stream into the channel and it is only in seasons of flood that the water coming down from the hills can overflow this dam and find its way into the main river. On the hills, at a height of nearly 7000 feet, there is an extensive swamp known as the Berijam swamp which to some extent retains rain water and is also full of natural springs. It is the water from this swamp that flowing down the southern and eastern slope of the hills, finds its way to the point A-1. Somewhere to the east of this point, another hillstream known as the moongil pannayar joins the Varahanadi channel and it is stated that this stream not only carries rain water but also affords a reliable supply of spring water. It is also stated that the bed of the Varahanadi river and the bed of the Varahanadi channel between A-1 and A-3 are supplied with natural springs which always give a steady low water flow.

(3.) Between 1890 and 1905 Government had been investigating a project for the construction of a reservoir alongside the Berijam swamp with a view to conserve the water collecting there during the north east monsoon rains (October and November). The main wet crop in that part of the country known as the kalam crop is raised between August a January, and during the rainy season there will not be much necessity to depend on water drawn from Berijam; but, for the second or kodai crop raised in the summer months, a dependable source of supply, especially towards the end of the season when the crops were maturing, was felt to be indispensable. With this object in view and also to improve the supply of drinking water to Periyakulam, the reservoir was constructed and it began to work from about 1913.