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1910 Supreme(Mad) 500

The Hindus of Kannamapalaiyam Village – Appellant
Versus
Kaikkolar Christians of the same place – Respondent


ORDER

1. The Magistrate has found that the dispute about the right of the Christians to use the well is likely to lead to a breach of the peace at any time. That they have been till now held in check by Father Rondy is not a reason for holding that there is no likelihood of a breach of the peace, as that check may at any time prove ineffective, more particularly when it is found that the petitioners have not been protected in the exercise of their just rights for having obeyed him. It is also contended that the Christians have not exercised their rights within three months next before the commencement of the enquiry. The proceedings alleged to be initiated by the order of the District Magistrate on the 21st September were only a continuation of the proceedings which were commenced on the 20th May when Father Rondy presented his complaint. That complaint is the institution of the enquiry under the proviso to Section 147 of the Criminal Procedure Code, and it is found by the District Magistrate that the Christians were exercising their rights within three months before that date, i.e., till the 20th April.

2. It is next contended that the Magistrate had no jurisdiction to pass any orde

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