Madras High Court
C.Ponnusamy vs The Sub Collector on 24 October, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.25254 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.25254 of 2023
And
W.M.P.No.32006 of 2023
C.Ponnusamy ... Petitioner
Vs.
1 THE SUB COLLECTOR
TIRUPPUR,
TIRUPPUR DISTRICT.
2 THE EXECUTIVE ENGINEER
(PUBLIC WORKS DEPARTMENT /
WATER RESOURCES ORGANIZATION)
PARAMBIKULAM ALIYAR PROJECT SCHEME
PAP COLONY, POLLACHI,
COIMBATORE DISTRICT.
3 THE ASSISTANT EXECUTIVE ENGINEER
(PUBLIC WORKS DEPARTMENT /
WATER RESOURCES ORGANIZATION)
PARAMBIKULAM ALIYAR PROJECT SCHEME
PALLADAM,
TIRUPPUR DISTRICT.
4 THE TAHSILDAR
PALLADAM,
TIRUPPUR DISTRICT.
5 KUMARASAMY ... Respondents
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm )
W.P.No.25254 of 2023
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing respondents 1 to 4 to permit the
petitioner for laid down the pipeline from PAP Canal Sluice to the
extent of 100 feet situated in S.No.466/1B and 466/2A7,
Naranapuram Village, Palladam Taluk, Tiruppur District for enabling the
petitioner to use the pathway to access his land.
For Petitioner : Mr.C.Prakasam
For Respondents : Mrs.S.Anitha for R1 to R4
Special Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 4 to permit the petitioner for laying down the pipeline from PAP Canal Sluice to the extent of 100 feet situated in S.Nos.466/1B and 466/2A7, Naranapuram Village, Palladam Taluk, Tiruppur District for enabling the petitioner to use the pathway to access his land.
2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the subject property and he made representation to the respondents for laying down the pipeline from PAP Canal Sluice to the extent of 100 feet situated in the subject 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) W.P.No.25254 of 2023 property, however, the same was not considered. Hence, this Court may without going into the merits of the case, issue direction to the respondents 1 to 4 to consider the petitioner's representation and to pass appropriate orders.
3.The third respondent has filed counter affidavit which reveals that the petitioner's brother Kumarasamy claim that the subject property belongs to him and that he has filed suit in O.S.No.57 of 2022 on the file of the District Munsif Court, Palladam. The counter affidavit further disclose that the said canal exists from the project period to irrigate an extent of 168.40 acres. If any alterations or constructions that are to be taken by any party other than the Water Resource Department, are to be got approved by the Water Resource Department duly considering all its technical feasibility and interest of the lower down ayacutars.
4.Heard the arguments advanced on either side and perused the materials available on record.
5.Perusal of the records reveal that the petitioner's brother 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) W.P.No.25254 of 2023 Kumarasamy claims that the subject property belongs to him and he has filed suit in O.S.No.57 of 2022 on the file of the District Munsif Court, Palladam and the same is pending. Further, PAP canal exists from the project period to irrigate an extent of 168.40 acres. If any alterations or constructions that are to be taken by any party other than the Water Resource Department, are to be got approved by the Water Resource Department duly considering all its technical feasibility and interest of the lower down ayacutars.
6.In view of the above, the writ petition is dismissed. However, liberty is granted to the petitioner to work out the remedy in the manner known to law after disposal of the suit in O.S.No.57 of 2022 on the file of the District Munsif Court, Palladam. No costs.
Consequently, connected miscellaneous petition is closed.
24.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) W.P.No.25254 of 2023 To 1 THE SUB COLLECTOR TIRUPPUR, TIRUPPUR DISTRICT.
2 THE EXECUTIVE ENGINEER (PUBLIC WORKS DEPARTMENT / WATER RESOURCES ORGANIZATION) PARAMBIKULAM ALIYAR PROJECT SCHEME PAP COLONY, POLLACHI, COIMBATORE DISTRICT.
3 THE ASSISTANT EXECUTIVE ENGINEER (PUBLIC WORKS DEPARTMENT / WATER RESOURCES ORGANIZATION) PARAMBIKULAM ALIYAR PROJECT SCHEME PALLADAM, TIRUPPUR DISTRICT.
4 THE TAHSILDAR PALLADAM, TIRUPPUR DISTRICT.
5/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) W.P.No.25254 of 2023 M.DHANDAPANI,J.
pri W.P.No.25254 of 2023 And W.M.P.No.32006 of 2023 24.10.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm )