Order of Reference: — There is a preliminary point which arises for consideration in Criminal Revision Case No. 871 of 1957. The short point for determination in this revision arises from an order made by the learned ex officio First Class Magistrate, Namakkal. in regard to a channel concerning which a dispute the A and B parties and which at the time of this enquiry had become an obliterated channel and had ceased to be a channel functioning as such.

Paragraph 9 of the Order of the learned Magistrate reads as follows: —

“The learned counsel of the B Party finally argued that this Court has no jurisdiction to pass a mandatory order under section 147, Criminal Procedure Code, since the channel has been destroyed. He has also quoted several rulings of various High Courts outside the Madras State. But I find that the Madras High Court’s order in Venkanna v. Venkata Surya Neeladri Rao1 and Thoongavadan v. Perumal Goundan2 permit an order under section 147, Criminal Procedure Code, in the nature of mandatory injunction. The right of A party to take water from Athu tholai in S. No. 299/4 along the B party’s land has been clearly established from the revenue records and the evidence. I her

Click Here to Read the rest of this document