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IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Thoongavadan and Ors.
Versus
Perumal Goundan and Ors.
Decided On : 29.10.1940
Section 147 - Criminal P.C. - Scope of Section 147 in directing removal of dam and obstruction to water flow
Fact of the Case:
The court found that Section 147, Criminal P.C., was applicable in directing the removal of a dam on the surplus weir of a tank, but the further direction to not cause obstruction to water flow causing damage to crops was beyond the scope of the section.
Finding of the Court:
The court dismissed the petition and vacated the order of the Sub-divisional Magistrate to the extent that it went beyond the scope of Section 147, Criminal P.C.
Issues: Scope of Section 147, Criminal P.C. in directing removal of dam and obstruction to water flow
Ratio Decidendi: Section 147, Criminal P.C. is applicable in directing the removal of a dam, but further directions beyond the scope of the section are not permissible.
Final Decision: The petition was dismissed and the order of the Sub-divisional Magistrate was vacated to the extent that it exceeded the scope of Section 147, Criminal P.C.
Lakshmana Rao, J.
1. There is no substance in the contention that Section 147, Criminal P.C., is not applicable and it was open to the Sub-divisional Magistrate to direct the petitioners to remove the dam put up by them on the surplus weir of the tank. But the further direction that they shall not cause any obstruction to the flow of water from the tank which would cause the, submersion of and damage to the crops of the opposite party is beyond the scope of Section 147, Criminal P.C., and to that extent the order of the Sub-divisional Magistrate is vacated. Otherwise this petition is dismissed.
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