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1986 Supreme(Ker) 141

SUKUMARAN
PARAMESWARAN NAIR – Appellant
Versus
ETTUMANOOR PANCHAYAT – Respondent


Judgment :-

1. "Does a river take in the river bed?" that is the question raised in this Original Petition. It has been raised in the context of the construction to be placed on S.82 of the Kerala Panchayats Act, 1960 which reads:

"82. Vesting of water course, springs, reservoirs, etc. in Panchayats. (1) All public water courses (other than rivers passing through more areas, than the Panchayat area which the Government may, by notification in the gazette, specify), springs, reservoirs, tanks, cisterns, fountains, wells, kappus, chals, standpipes and other water-works (including those used by the public to such an extent as to give a prescriptive light to their use) whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the Panchayat or otherwise, and also any adjacent land (not being private properly) appertaining thereto shall stand transferred to, and vest in, the Panchayat.

(The proviso is not material and is therefore omitted.) (emphasis supplied)

2. Shorter Oxford English Dictionary assigned two meanings to the term 'water course'; and the second meaning is: "the bed or channel of a river or stream". H






























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