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1997 Supreme(Mad) 14

RAJU, S.M.ABDUL WAHAB
State of Tamil Nadu represented by the District Collector, Madurai – Appellant
Versus
V. A. Abdul Karim and another – Respondent


Advocates:
A.Arumugham, Government Advocate (Civil Side), for Appellant. G.Subramanian, Senior Counsel, for M.S. Umapathy, for Respondents.

Judgment :-

D. Raju, J.

The State represented by the District Collector of Madurai is the appellant in the above appeal filed under Clause 15 of the Letters Patent. The respondents herein have filed O.S. No.327 of 1971 on the file of the Sub Court, Dindigul for themselves as pattadars owning double crop wet lands in the villages of Batlagundu and Kanavoipatty and as also representatives of all double crop wet ayacutdhars of the said two villages. The said suit was filed for permanent injunction, restraining the defendant, the appellant herein, from diverting the water of Manjalar either impounding the same at the Manjalar Dam site or otherwise, without arranging for adequate supply of water for the second crop every year for all the registered double crop wet lands in the said villages or in the alternative for mandatory injunction, directing the defendant to supply water for two crops on the aforesaid lands. The case of the plaintiffs is that Batlagundu and Kanavoipatti are two adjacent villages in Nilakottai Taluk, that there are roughly 165 acres of double crop wet lands in the village of Batlagundu and about 160 acres of such lands in Kanavoipatti which are registered as double












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