Madras High Court
K.A. Sengodan vs P.Ramasamy on 20 February, 2019
Author: V.Bharathidasan
Bench: V.Bharathidasan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 20.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Second Appeal No.246 of 2019
1. K.A. Sengodan
2. K.A.Pachiyappan
3. K.A.Deivasigamani. .. Appellants
Vs
1. P.Ramasamy
2. P.Subramani
3. P. Gurusamy
4. P.Parameswaran
5. President,
Siruvalur Panchayat,.
Gobi Taluk.
6. The District Collector,
Erode District,
Erode.
7. The Tahsildar,
Gobichettypalayam,
Erode District .. Respondents
http://www.judis.nic.in
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Prayer:- Second Appeal filed under Section 100 of Cr.P.C., to set aside
the judgment and decree passed in A.S.No.27 of 2014 dated 02.12.2016
on the file of the Sub-Court, Gobichettipalayam Erode in confirming the
judgment and decree made in O.S.No.93 of 2009 dated 06.08.2014 on
the file of the District Munsif Court, Gobichettipalayam , Erode by allowing
the present Second Appeal.
For Appellant : Mr.M.Guruprasad
For Respondent : No Appearance
JUDGEMENT
The plaintiffs, who has lost the case in both the courts below, have filed the present second appeal.
2. The appellants/plaintiffs filed a suit in O.S.No.93 of 2009, on the file of the District Munsif Court, Gopichettipalayam, for injunction restraining the defendants from encroaching the water drainage channel .
3. According to the plaintiffs, a water drainage channel, in Survey No.463 is running between the survey Nos.464 and 462 at Kuppandampalayam, Siruvalur Village, Gobi Taluk and the above channel has been classified as a Pallavari Water Course Government Poromboke. Now, the defendants 1 to 4 are taking steps to encroach the water channel. Hence, the suit has been filed. http://www.judis.nic.in 3
4. The District Collector, Erode District and the Tahsildar, Kobichettipalayam have been impleaded as defendants 6 and 7, and they have filed a written statement stating that there is no encroachment in the above survey number and the said drainage channel, used to drain excess water in the rainy season, and on other seasons, agriculturists, including the plaintiffs, using it as cart track .
5. The trial Court, after considering the pleadings and evidence, by judgment and decree dated 06.08.2014, dismissed the suit. Aggrieved by the same, the appellants/plaintiffs filed an appeal in A.S.No.27 of 2014 on the file of the Subordinate Court, Gobichettipalayam, Erode District. The First Appellate Court, after considering the entire materials available on record, has held that the plaintiffs have failed to prove that the defendants 1 to 4 are trying to encroach the water channel and dismissed the appeal by judgment and decree dated 02.12.2016. The First Appellate Court also held that the drainage channel should be maintained as a water course and it should not be used for any other purpose and the revenue authorities should monitor the same. Being aggrieved by the same, the present Second Appeal has been filed
6. I have heard the learned counsel appearing for the appellants and also perused the materials available on record. http://www.judis.nic.in 4
7. Both the Courts below concurrently held that the drainage channel has been used as such and the plaintiffs have failed to prove that the defendants 1 to 4 are taking steps to close the channel. The Revenue authorities also filed written statement stating that there is no encroachment. In the above circumstances, I do not find any illegality or perversity in the judgment of the courts below and no substantial question of law arises for consideration in this Second Appeal. Further it is an admitted fact that it is a drainage channel used to drain water during the rainy season and the respondents 6 and 7 are directed to maintain the water channel and it should not be encroached, and it should be maintained as a drainage channel and it will protect the interest of the plaintiffs.
8. In the result, the Second Appeal is dismissed and the judgment and decree of the First Appellate court confirming the judgment and decree of the trial court is confirmed. There shall be no order as to costs.
20.02.2019 mrp Speaking order/Non Speaking order Index:Yes/No Internet: Yes/No To
1. The Principal Sub Court, Gobichettipalayam.
2. The Ditrict Munsif, http://www.judis.nic.in Gobichettipalayam.
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V.BHARATHIDASAN.J., mrp S.A..No.246 of 2019 20.02.2019 http://www.judis.nic.in