T.SARASWATHI vs THE DISTRICT COLLECTOR

2026:MHC:4548
WP No. 46978 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on
Pronounced on
27.10.2026
11.11..2026
CORAM
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
WP No. 46978 of 2025
CNR:{HCMA012882052025}
1. T.Saraswathi
W/o. Thulasimani,
Residing at No.198C , Mullai Avenue,
Sakthi Nagar East, Thindal
Erode Taluk, Erode 638 012
2. K.P.Senthilarasu
S/o. Paramanantham,
No.11/6 Bakthavatchalam Nagar 3rd Street
Adyar, Chennai 20
..Petitioner(s)
Vs
1. The District Collector
Office of the Collectorate,
Erode District 638 011
2. The Assistant Director
Directorate of Town and Country Planning
Erode District 638 011
3. The Tahsildar
Tahsildar Office,
Kodumudi Taluk, Erode 638 151
4. The Executive Officer
Kodumudi Town Panchayat,
Kodumudi, Erode 638 151
5. P.Ramanathan
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2026:MHC:4548
WP No. 46978 of 2025
S/o.Palanisamy,
No.16, Velayudagounder Street,
Kodumudi Post, Erode - 638151
(R5 impleaded vide Order dated 17.09.2026
made in WMP.No.1725/2026 in
WP.46978/2025)
..Respondent(s)
Prayer: Petition filed under Article 226 of Constitution of India for issuance of
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writ of mandamus to direct the 4 respondent to grant final approval for the
house site layout in RS No.710/6 measuring an extent of 4.64 ½ Acres and
technical approval for sewage and rainwater drainage to petitioner’s layout in
RS No.702/8 and 710/5 both situated at Kodumudi B Village, Kodumudi Taluk,
and Erode District by considering the petitioner representations dated
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06.04.2024, 21.12.2024, 03.09.2025 and 12.09.2025 pending before the 4
respondent within a time stipulated by this Court.
For Petitioner(s): Mr.N.Manokaran
for Mr.S.Ananth
For Respondent(s): Mr.C.Prabakaran for R1 to R4
Special Government Pleader
Mr.K.Elango for R5
O RDER
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The present Writ Petition has been filed seeking a direction to the 4
respondent to grant final approval for the house site layout in RS No.710/6
measuring an extent of 4.64 ½ Acres and technical approval for sewage and
rainwater drainage facilities for petitioner’s layout in RS No.702/8 and 710/5
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2026:MHC:4548
WP No. 46978 of 2025
both situated at Kodumudi B Village, Kodumudi Taluk, Erode District by
considering the petitioner’s representations dated 06.04.2024, 21.12.2024,
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03.09.2025 and 12.09.2025 which are pending before the 4 respondent within a
time frame to be stipulated by this Court.
2.Mr.N.Manokaran, learned counsel appearing for the petitioners, made
the following submissions:
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2.1.According to the petitioners, the 1 petitioner purchased land from
one Mr.K.N.Gopal by way of a registered Sale Deed in Document
No.1199/2017 dated 05.10.2017, measuring 2.26 Punjai Acres, comprised in
R.S. No.710/9 and another property comprised in R.S. No.710/6, measuring
0.92 Punjai Acre, through another registered Sale Deed in Document No.
68/2018 dated 12.01.2018, situated at Kodumudi B Village, Kodumudi Taluk,
Erode District.
nd
2.2.According to the petitioners, the 2 petitioner is a co-owner of the
ancestral property comprised in R.S. No.710/6, measuring 1.46½ Punjai Acres,
situated at Kodumudi B Village, Kodumudi Taluk, Erode District and he also
obtained a Power of Attorney from the remaining co-sharers, viz., (1)
Mrs.Vimala, (2) Mr.Ramanan and (3) Mrs.Indira, under Document
No.121/2022 dated 21.01.2022 on the file of the SRO, Kodumudi.
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2026:MHC:4548
WP No. 46978 of 2025
2.3.According to the petitioners, based on the registered Sale Deeds, a
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joint patta was issued by the 3 respondent/the Tahsildar, Kodumudi Taluk,
Erode, vide Patta No.1381, measuring 1.88 Hectares (i.e., 4.64½ Acres).
Further, they formed a house site layout in R.S.No. 710/6 consisting of 84 plots.
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Thereafter, they executed Gift Deeds in favour of the 4 respondent under
Document Nos.116/2022 and 119/2022 dated 21.01.2022, for roads, public
utility space and park facilities, measuring 5035.22 sq. mtrs., 84.96 sq. mtrs. and
1396.80 sq. mtrs., respectively.
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2.4.Based on the request made by the petitioners, the 2 respondent/the
Assistant Director, Directorate of Town and Country Planning, Erode District,
granted approval through proceedings in Na.Ka. No.2012/2021/E.Ma.2 dated
24.02.2022, for R.S. No.710/6 situated at Kodumudi B Village, Kodumudi
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Taluk, Erode District, subject to obtaining technical approval from the 4
respondent.
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2.5.Though the 2 respondent granted approval in the year 2022, the 3
respondent passed an order in .0508/2023/ 1 dated 24.02.2023,
x.K m
permitting the use of the lands in R.S. Nos.702/8 and 710/5 for laying pipelines
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for sewage and rainwater drainage facilities. However, the 4 respondent had
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2026:MHC:4548
WP No. 46978 of 2025
kept the application pending for more than 3½ years without granting final
approval for the house site layout and for more than 2½ years without granting
technical approval for the sewage and rainwater drainage facilities.
2.6.The petitioners have sent several representations, particularly on
06.04.2024 and 21.12.2024. Apart from that, they have also sent a
representation to the Tamil Nadu Chief Minister’s Camp Office on 03.09.2025.
Since no orders were passed, the present Writ Petition has been filed.
3.During the pendency of the Writ Petition, Mr.P.Ramanathan,
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S/o.Palanisamy, was impleaded as the 5 respondent in this proceedings. The
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learned counsel for the petitioners submitted that the petitioners and the 5
respondent had purchased the subject property from one Mr.K.N.Gopal, who is
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their predecessor and that the 5 respondent also has rights over the property.
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Therefore, the 5 respondent had raised certain objections before the 4
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respondent, which prevented the 4 respondent from passing the final order.
4.In support of his contention, the learned counsel for the petitioners
relied upon the photographs annexed to the typed set of papers at pages 37 to
44, which show water pipelines laid along the sides of the road.
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2026:MHC:4548
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rd
5.It is his further submission that in the proceedings of the 3 respondent
dated 24.02.2023, an expert opinion was sought for laying the sewage channel.
Pursuant to the proceedings dated 24.02.2023, a report was filed by the Junior
Engineer, Kodumudi Town Panchayat, stating that, upon examining the land in
question, it was found that a tar road existed on the eastern side of the site and
that if the site were raised by three feet, more water would stagnate in the area
abutting the tar road on the eastern side during the rainy season. It was
suggested that laying the sewage channel would be feasible only if gravel were
filled in the land. The report further pointed out that, at a distance of 516 metres
from the site, there existed a passage in the north-eastern direction, which was
the shortest route for laying the pipeline.
6.In the counter affidavit filed on behalf of the 5th respondent, it was
stated as follows:
“9. I further respectfully submit that my family has been using the
pathways situated in S.F. No. 706 and R.S. Nos. 702/8 and 710/5
to access our properties. The pathway in R.S. No. 706 is
approximately 13½ feet in width, the pathway in R.S. No. 702/8 is
approximately 16 feet in width, and the pathway in R.S. No. 710/5
is approximately 12 to 13½ feet in width, subject to verification
with the relevant survey records. My family claims subsisting
rights over the said pathways on the basis of the relevant title
documents and the historical use thereof.”
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2026:MHC:4548
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...
“12. I further submit that, upon a careful perusal of the aforesaid
Sale Deeds, S.F. No. 710/5, wherein the common pathway/cart
track does not appear to have been included in the schedules of
the properties conveyed to the 1st Petitioner. Nor do the said
documents expressly confer upon the Petitioner any proprietary
right over S.F. No. 710/5 or any specific right to lay sewage or
storm-water drainage pipelines through the said pathway. The
vendors under the aforesaid Sale Deeds have not expressly
conveyed S.F. No. 710/5 to the 1st Petitioner under the property
schedules.”
7.He also pointed out issues relating to the chain of title reflected in the
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documents, wherein the right of the 5 respondent is arise from a clear title.
Further he referred to the proceedings in W.P. No.46978 of 2025, wherein
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certain changes were made in Patta No.3099, in which the name of the 5
respondent’s father is reflected.
8.Pursuant to the direction of this Court dated 30.01.2026, a report was
submitted by a committee constituted by the Directorate of Technical
Education, Government College of Engineering, Erode, consisting of the Head
of the Department-in-charge, an Assistant Professor (SR) and another Assistant
Professor of the Department of Civil Engineering, Government College of
Engineering, Erode. An inspection was carried out on 12.02.2026. The report
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2026:MHC:4548
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was submitted on 14.02.2026. In the said report, the committee identified two
possible routes and made a comparative assessment of the two routes. The same
is extracted hereunder:
Comparative Assessment Summary
Parameter Route – 1 Route – 2
Distance : 200 m 600 m
Natural Slope : Available (1.5 m drop) Not favorable/undulating
Type of Drainage : Closed underground pipe Open drainage only
Maintenance : Easy Difficult
Risk of Blockage : Low High
Road Crossings : Minimal Highway & Panchayat Road
Cost implication : Economical Higher
9.This committee has suggested that Route 1 is feasible. The said
suggestion is extracted hereunder:
“Based on the detailed survey, level study, hydraulic design and
technical evaluation, Route-1 is found to be technically feasible,
hydraulically suitable, economically viable, and sustainable for
providing a closed underground drainage system for disposal of
sewage, sullage, and storm water from the approved layout
bearing No. 57/2022 at R.S.F. No. 710/6, Kodumudi ‘B’ Village,
in Kodumudi Town Panchayat and Taluk, Erode District.”
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2026:MHC:4548
WP No. 46978 of 2025
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10.Mr.K.Elango, learned counsel for the 5 respondent raised objections
primarily with regard to the report filed by the Civil Engineering Department,
Government College of Engineering, Erode. The objection raised by the private
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respondent, viz., the 5 respondent, was that the second route suggested by the
Committee would be feasible for him, which would not affect his access to his
land.
11.Heard the learned counsel appearing on behalf of the parties.
12.It is not in dispute that the petitioners’ land has now been converted
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into a layout, and that the 5 respondent owns the adjoining property. The title
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deeds placed before this Court show that the petitioners’ title and the 5
respondent’s rights over the property, which is not disputed by the petitioners
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and the 5 respondent.
13.A perusal of the respective claims of title reveals that the petitioners
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have rights over the property, as that of the 5 respondent. The claim made by
the petitioners is only for laying sewage pipelines underground. Once the
pipelines are laid, a tar can be laid over the same. Even if there is an objection
to the laying of the tar road, after laying the pipeline, the earth can be filled and
the surface restored to its original condition.
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14.There are two reports available, one submitted by the Town Panchayat
and the other by the Directorate of Technical Education, Government College of
Engineering, Erode. In the report submitted by the Directorate of Technical
Education, Government College of Engineering, Erode, two routes have been
suggested, one adjoining the main road and the other following a longer route.
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15.It is not the case of either the petitioners or the 5 respondent that the
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property does not belong to them. However, both the petitioners and the 5
respondent have rights over their respective properties.
16.Water channels, drainage and sewage facilities are all matters of
public convenience. Moreover, when a property is developed as a layout, public
convenience and the provision of basic amenities to the inhabitants, which are
essential for the layout, shall take priority with regard to laying pipelines for
water and sewage. The report submitted by the Directorate of Technical
Education, Government College of Engineering, Erode, who was appointed
pursuant to the order of this Court, suggests that Route 1 is feasible, as it is
nearer to the tar road and the flow is in accordance with the principles of
science and technology. Therefore, the technical feasibility favours Route 1.
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2026:MHC:4548
WP No. 46978 of 2025
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17.The 5 respondent has not demonstrated the inconvenience or
prejudice that would be caused if the pipelines are laid. On the other hand,
there cannot be a layout without providing pipelines for water and sewage.
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Therefore, the objections raised by the 5 respondent, who claims right through
the tile, where the petitioner’s predecessor in title, had the right of usage. In my
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considered view, the 5 respondent have little relevance, however, in the light
of the technical report submitted by the Directorate of Technical Education,
Government College of Engineering, Erode and the other report submitted by
the Junior Engineer, Town Panchayat, the possibility of laying the pipeline will
pave way for the layout.
18.Taking into consideration the paramount interests of the people who
are likely to purchase the plots in the layout, the provision of pipelines for water
and sewage is necessary and is also a statutory right. Such a right cannot be
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denied merely because an objection has been raised by the 5 respondent.
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Therefore, such objections raised by the 5 respondent will not stand in the eye
of law in the absence of any satisfactory demonstration of inconvenience or
prejudice.
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19.In view of the same, the objections raised by the 5 respondent are
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hereby rejected, and the 4 respondent is directed to grant final approval for the
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2026:MHC:4548
WP No. 46978 of 2025
house site layout in R.S. No.710/6, measuring an extent of 4.64½ Acres and
technical approval for sewage and rainwater drainage facilities for the
petitioners’ layout in R.S. Nos. 702/8 and 710/5, both situated at Kodumudi B
Village, Kodumudi Taluk, Erode District, by considering the petitioners’
representations dated 06.04.2024, 21.12.2024, 03.09.2025 and 12.09.2025,
within a period of twelve weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is allowed. No costs.
11.11.2026
Index: Yes
Speaking order
Neutral Citation: Yes
sai
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2026:MHC:4548
WP No. 46978 of 2025
To
1.The District Collector
Office of the Collectorate,
Erode District 638 011
2.The Assistant Director
Directorate of Town and Country Planning Erode District 638 011
3.The Tahsildar
Tahsildar Office,
Kodumudi Taluk, Erode 638 151
4.The Executive Officer
Kodumudi Town Panchayat,
Kodumudi, Erode 638 151
5.P.Ramanathan
S/o.Palanisamy,
No.16, Velayudagounder Street,
Kodumudi Post, Erode - 638151
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2026:MHC:4548
WP No. 46978 of 2025
N.SENTHILKUMAR J.
sai
Pre-delivery order made in
WP No. 46978 of 2025
Dated: 11.11.2026
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