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Madras High Court

Thoongavadan And Ors. vs Perumal Goundan And Ors. on 29 October, 1940

Equivalent citations: AIR1941MAD752, AIR 1941 MADRAS 752

ORDER
 

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.