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1995 Supreme(Mad) 996

SRINIVASAN, S.S.SUBRAMANI
L. A. Thengappa Gounder – Appellant
Versus
The Revenue Divisional Officer, Erode, Periyar District – Respondent


Advocates:
V.K.Muthuswamy. for Petitioner. Rajamanickam. Additional Government Pleader, for Respondent No. 1 Saravabhauman for M/s.Saravabhuman Associates, for Respondent Nos.2 to 4.

Judgment :-

Srinivasan, J.

The petitioner herein as the owner of an extent of 1.56 aces in S.E. No.896/1, which has been assigned R.S. No.960/1, after re-survey pro- ceeding. After the advent of Lower Bhavani Project (Lower Bhavani Project) canal about 40 years ago. petitionees land has been included in the ayacut and it has been irrigated from the acquired Lower Bhavani Proiect canal, which runs to the immediate south of the property Number of other adjacent lands have also been included in the ayacut. There is no dispute that the lands of respondents 3 and 4 herein, which are situated in R.S. Nos.957/1, 958/3 and 959/1, are also included in the ayacut and this respondents 3 and 4 are also entitled to have their lands irrigated from the Lower Bhavani Project canal.

2. Respondents 3 and 4 gave a complaint to the Revenue Department in 1978 that the petitioner herein had obliterated the patta kanni vaikal (irrigation channel or Field Boothies,), running in R.S. No.960/1, and refused to allow water to their lands, which are situated in the lower ayacut. A report was called for from the Tahsildar. Erode, who inspected the lands on 19. 1978 and 29. 1978. He submitted two reports, accord


















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