Madras High Court
WP/43980/2026 of M/s.DURAI PROCESS Vs The Chairman District Co- ordination Committee / on 3 November 2026
WP No. 43980 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 43980 of 2026
CNR:{HCMA012524812026}
and
WMP Nos. 49344, 49345 & 49346 of 2026
M/s.DURAI PROCESS
Represented by its Proprietor
A.Duraisamy,
S.F.No. 80/1 and 80/3,Perivasemur Village Erode Taluk, Erode District.
..Petitioner(s)
Vs
1. The Chairman District Co- ordination
Committee /
District Collector
Erode District
Erode.
2. The Superintending Engineer
TANGEDCO
Erode Electricity Distribution Circle,
948, EVN Road, Erode.
3. The District Environmental Engineer
Tamil Nadu Pollution Control Board
Erode.
..Respondent(s)
Prayer:
This writ petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus calling for the records of
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the first respondent in proceedings bearing Letter No.DC/ DEE / TNPCB/
ERD/ F.DCC/ 2026 dated 12.08.2026 and quash the same insofar relates to the petitioner unit and direct the respondents 1 and 2 to restore the electricity supply to the petitioner’s unit forthwith.
For Petitioner(s):
Mr. Viswanathan
For Mrs. T.Hemalatha
For Respondent(s):
Mr. D.Krishna Pradeep
R2
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Order
Challenging the disconnection of the electricity without prior notice to the petitioner and solely based upon the communication of the District Collector – Chairman of the District Coordination Committee the petitioner is before this Court.
2. The petitioner unit is engaged in the business of processing and finishing textile material since 2008. The unit was issued with a consent order dated 13.05.2005 both under the Air and Water Act with validity upto 31.03.2028. The grievance of the petitioner is that without prior notice or verification of any facts, the 1st respondent directed the Electricity Board to disconnect the electricity service connection to the petitioner. Challenging the disconnection of electricity service connection,
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the petitioner is before this Court.
3. Heard the learned counsels on the either side and perused the records.
4. The 1st respondent appears to have acted upon the report submitted by TNPCB officials, who inspected the textile processing units and found that they were not operating Effluent Treatment Plants (ETPs) with Zero Liquid Discharge (ZLD). Instead, the units were discharging untreated effluent into the public drainage system, which flows into the Pitchakarapallam Odai via the Baby Canal and ultimately drains into the Cauvery River.
5. The petitioner’s unit appears to have been inspected on 12.08.2026 at 04.05 AM and 11.00 AM. On the basis of this report, the 1st respondent has instructed that the electricity service connection should be forthwith disconnected and an action taken report forwarded to him. It is on the basis of this communication that the 2nd respondent has proceeded to disconnect the service.
6. A reading of the communication which form the genesis for the action clearly shows that the petitioner has not been informed about the
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inspection and the 1st respondent has not chosen to obtain an explanation from the petitioner about their violation in respect of discharging untreated effluent into the public drainage. It is based on such an order that disconnection has taken place.
7. It is also brought to the notice of this Court that the petitioner has obtained a consent for renewal both under the Air Act and the Water Act and the validity of the consent extends upto 31.03.2028. The respondent authority can initiate the proceedings, however, such power has to be exercised only after issuing show cause notice to the unit concerned and giving them a chance to submit their explanation / objection. If this procedure is not followed, it is clearly a case of violation of principles of natural justice.
8. Considering the fact that the action has been initiated without notice to the petitioner and that too when the petitioner was a running unit the action of the 2nd respondent cannot be sustained. Therefore, the communication dated 12.08.2026 sent by the 1st respondent based upon which the electricity service connection was disconnected on 17.08.2026, followed by the issuance of a demand for compensation is a colourable
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exercise of authority. This writ petition is allowed and the respondents are directed to restore the electricity connection to the petitioner unit, forthwith. Consequently, the connected miscellaneous petitions are closed. No costs. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN
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To
1. The Chairman District Co- ordination Committee / District Collector Erode District Erode.
2. The Superintending Engineer TANGEDCO Erode Electricity Distribution Circle, 948, EVN Road, Erode.
3. The District Environmental Engineer Tamil Nadu Pollution Control Board Erode.
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WP No. 43980 of 2026
P.T.ASHA J. KAN WP No. 43980 of 2026 03-11-2026
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