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1945 Supreme(Mad) 158

ALFRED HENRY LIONEL LEACH
South Indian Railway Company Ltd. , through its agent and General Manager, Mr. J. F. C. Reynolds – Appellant
Versus
The Municipal Council, Madura through its Commissioner, Mr. C. O. Coorey. – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. Within the municipal limits of the town of Madura is a tank called the Anupannady tank over which the South Indian Railway passes. The railway was constructed in 1902 and for the purpose of taking off water which overflowed from this tank a culvert was built under the railway line. The tank on its western side is close to the Chinthamony Road. The water from the tank on this side flows over a weir which has a capacity of 500 cusecs. The culvert built by the railway company was not sufficient in itself to take off all the water flowing out of the tank and the municipality of Madura had to build four other culverts. The water carried by all these culverts flows into a channel constructed by the Government which runs parallel to the Chinthamony Road. In 1936 heavy floods were experienced in the Madura district and it became evident that the culverts, which were only six feet wide, were not large enough to deal with an exceptional flow of water. As a result of the floods in 1936 many houses in this part of Madura were inundated. The Collector raised the question of the construction of additional works and it was decided that the municipal culve















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