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K.Palanisamy v. The District Collector

Madras HC23 Feb 2026WP/6325/2026

Case brief

AI extract

What is this about?

Writ of Mandamus; Article 226; consideration of representation dated 05.12.2025; temporary approval to draw water from well near Orathupalayam Reservoir S.F. No.53/3B; pollution by Noyyal River; dye discharge from Tiruppur factories; damage to agricultural land Survey No.50/3C; Erode District; notice to petitioner and fifth respondent; orders within one month; no costs; WP No. 6325 of 2026.

What did the court decide?

Direction to respondents 1 to 4 to consider the petitioner's representation dated 05.12.2025 after issuing notice to the petitioner and the fifth respondent, and pass appropriate orders in accordance with law within one month from receipt of a copy of the order; no costs. ¶32

K.Palanisamy Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 4 should be directed to reconsider the temporary approval given in favour of the fifth respondent by considering the petitioner's representation dated 05.12.2025 regarding the well near Orathupalayam Reservoir allegedly polluted by the Noyyal River.

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Court's answer

The Court directed respondents 1 to 4 to consider the petitioner's representation dated 05.12.2025, after issuing notice to the petitioner as well as the fifth respondent, and to pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of the order.

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Key takeaways

The Court expressly did not express any opinion on the merits of the case, and awarded no costs.obiter¶32

Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.), WP No. 6325 of 2026, decided 23-02-2026 — Writ of Mandamus under Article 226 of the Constitution of India. Petitioner K. Palanisamy sought a direction to respondents 1 to 4 (District Collector, Erode; Executive Engineer, Water Resources Department, Kilpawani Watershed Zone; Divisional Engineer, State Highways; Tahsildhar, Perundurai) to reconsider the temporary approval granted to the fifth respondent R.S. Subramaniam vide Letter V4/Ko.407/314PIRA/2025 dated 21.07.2025 permitting him to draw water from a well near Orathupalayam Reservoir in S.F. No.53/3B, which the petitioner alleged had been polluted by contaminated inflow from the Noyyal River carrying dye discharges from Tiruppur factories, adversely affecting his agricultural land in Survey No.50/3C. Without expressing any opinion on the merits, the Court directed respondents 1 to 4 to consider the petitioner's representation dated 05.12.2025 after issuing notice to the petitioner and the fifth respondent, and pass appropriate orders in accordance with law within one month. No costs.

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WP No. 6325 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-02-2026

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CORAM

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THE HON'BLE MS. JUSTICE P.T. ASHA

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WP No. 6325 of 2026

K.Palanisamy

..Petitioner(s)

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

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

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

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The Tahsildhar, Perundurai Taluk, Perundurai, Erode,

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R.S. Subramaniam,

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..Respondent(s)

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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

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https://www.mhc.tn.gov.in/judis

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WP No. 6325 of 2026

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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.

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

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For Respondent(s): Mr.S.Rajesh, G.A.

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ORDER

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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.

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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.

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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

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https://www.mhc.tn.gov.in/judis

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WP No. 6325 of 2026

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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.

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

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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.

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23-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PVS

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https://www.mhc.tn.gov.in/judis

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WP No. 6325 of 2026

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