M/s.DURAI PROCESS vs The Chairman District Co- ordination Committee /
- Court
- Madras High Court
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
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
st
notice or verification of any facts, the 1 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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WP No. 43980 of 2026
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
st
12.08.2026 at 04.05 AM and 11.00 AM. On the basis of this report, the 1
respondent has instructed that the electricity service connection should be
forthwith disconnected and an action taken report forwarded to him. It is
nd
on the basis of this communication that the 2 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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st
inspection and the 1 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
nd
the action of the 2 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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WP No. 43980 of 2026
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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