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2024 Supreme(Online)(MAD) 25525

HIGH COURT OF MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
M.ARUMUGAM – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent


ORDER

The writ petition has been filed for a direction to the respondents to modify approval conditions for the proposed layout in S.F.Nos.188/1, 188/2, 188/3, 189/1, 189/2 and 189/3 in Paruvai Village, Sulur Taluk, Coimbatore District, without prejudice to the easementary rights of the petitioner to his lands comprised in S.No.190/2 over S.No.190/3 in Paruval Village, Sulur Taluk, Coimbatore District.

2. The petitioner owns land to an extent of 0.93 acres in S.No.190/2, Palladam Taluk. According to the petitioner, he has an easementary right in S.No.183/1 and Well water passing through underground pipeline for about 100 meters in S.No.190/3 reaches his land comprised in S.No.190/2. He has a right to draw water in the Well and pathway as per partition deed dated 25.12.1962. The said Well and pathway in S.No.183/1 belongs to several persons and the land comprised in S.No.190/3 belongs to the respondents 7 and 8. Without disclosing the said rights, the respondents 7 and 8 applied for layout to develop 1.96 acres of land comprised in S.No.190/3 by dividing into plots for house construction. After the grant of planning approval, now, the respondents 7 and 8 are intending to put up compou

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