Synopsis

A batch of writ petitions was filed by residents of “Shruthi Enclave” (a housing colony in Coimbatore) challenging three sets of actions: (i) cancellation of a 2004 permission granted by the Public Works Department (PWD) to form a culvert and pathway over a canal/water channel; (ii) cancellation of planning and building permissions; and (iii) demolition notices issued by the Corporation. The High Court dismissed the challenge to the cancellation of the PWD permission, holding that water bodies (even if dry) cannot be alienated to private parties and must be preserved. However, the court set aside the demolition notices and directed the Corporation to give the residents an opportunity to rectify deviations, while confirming that the water channel must remain outside any compound wall and access to adjacent landowners must be provided.

Court: High Court of Judicature at Madras
Coram: Dr. Anita Sumanth & C. Kumarappan, JJ.
Date: April 6, 2026
Citation: 2026:MHC:1368
Core Law: Environmental Law – Protection of Water Bodies; Town and Country Planning Act, 1971 (Tamil Nadu); Coimbatore City Municipal Corporation Act, 1981; Constitution of India – Article 226.

2. Legal Framework

• Tamil Nadu Town and Country Planning Act, 1971: Sections 54 (action during construction) and 56 (action after completion) – the court held that after construction is complete, Section 56 applies, and the residents must be given an opportunity to rectify.

• Coimbatore City Municipal Corporation Act, 1981 / 1987: Section 296 – powers to declare buildings unauthorised and order demolition.

• Public Works Department (PWD) Proceedings: Permission for forming culvert/pathway over water channels – cancelled for non‑compliance.

• Constitution of India: Article 226 – writ jurisdiction.

• Relevant Precedents:
  Sarvepalli Ramaiah v. Distric

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