Madras High CourtWP/6325/2026disposed of

K.Palanisamy v. The District Collector

2026-02-23Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-02-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA K.Palanisamy ..Petitioner(s) Vs

1. The District Collector Office of the District Collector, Erode District.

2. The Executive Engineer Water Resources Department, Kilpawani Watershed Zone, Erode, -638 002

3. The Divisional Engineer Sate Highways Department (Constructions and Maintenance) Erode,

4. The Tahsildhar, Perundurai Taluk, Perundurai, Erode,

5. R.S. Subramaniam, ..Respondent(s) The Writ Petition is filed under Article 226 of the Constitution of India seeking Writ of Mandamus, to consider the petitioner's representation dated 05.12.2025 addressed to the 1st to 4th Respondent hereby reconsider the temporary approval given in favour of the 5th Respondent via proceedings in Letter V4/Ko.407/314PIRA/2025 dated 21.07.2025 by the 2nd respondent

permitting to draw water from the well situated near Oratthupalayam Reservoir in S.F. No/53/3B through pipelines as the same has been polluted by the Noyyal River by the discharge of dyes from the factories in Thiruppur and evict and remove the pipelines thereby preventing the transport of polluted water into agricultural lands and to protect petitioner agricultural lands and other livestock. For Petitioner(s):

Mr.K.Pragadeesh Kumar For Respondent(s):

Mr.S.Rajesh, G.A.

ORDER

This Writ Petition has been filed seeking a direction to respondents 1 to 4 to reconsider the temporary approval given in favour of the fifth Respondent, by considering the petitioner's representation dated 05.12.2025.

2. It is the case of the petitioner that the fifth respondent obtained permission to draw water from the Well situated near Orathupalaym Reservoir in Survey No.53/3B and to transport the same through public roads and residential areas. At present, the said Well has been polluted due to the inflow of contaminated channels from the Noyyal River.

3. It is the further case of the petitioner that, pursuant to the order of this Court in WP.No.5774 of 2025 dated 25.02.2025 and the proceedings of the second respondent dated 21.07.2025, temporary approval has been granted to

the fifth respondent to draw water from the said Well. According to the petitioner, such permission adversely affects the agricultural land of the petitioner in Survey No.50/3C and consequently, diminishes the agricultural yield. In this regard, the petitioner submitted a representation dated 05.12.2025 to the respondents 1 to 4, seeking reconsideration of the temporary approval granted to the fifth respondent. Since the said representation has not been considered, the present Writ Petition has been filed.

4. Heard the rival submissions and perused the materials available on record.

5. Considering the above facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court directs the respondents 1 to 4 to consider the representation of the petitioner dated 05.12.2025, after issuing notice to the petitioner as well as the fifth respondent, and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this order. No costs. 23-02-2026 Index: Yes/No Speaking/Non-speaking order PVS

1. The District Collector Office of the District Collector, Erode District.

2. The Executive Engineer Water Resources Department, Kilpawani Watershed Zone, Erode, -638 002

3. The Divisional Engineer Sate Highways Department (Constructions and Maintenance) Erode.

4. The Tahsildhar, Perundurai Taluk, Perundurai, Erode.

P.T.ASHA, J.

PVS 23-02-2026