Madras High Court
Administrative and Public LawEnvironmental Law

Electricity restoration on livelihood grounds does not authorize operations without pollution-control compliance and approval.

Santhi vs The Superintending Engineer

Madras High CourtJUDGMENT: September 23, 20262 MIN READSOURCE JUDGMENT
Electricity restoration on livelihood grounds does not authorize operations without pollution-control compliance and approval.. Santhi vs The Superintending Engineer. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, Santhi, widow of Late Mani Vallatharasu and mother of five children, operated M/s. Sandhiveeran Crusher at Survey Nos. 32/3, 32/5, 32/6, 33/2 and 33/3, Themavur Village, Pudukkottai District.

Source reference: p.2–5; paras.1–7

She asserted that the quarry/crusher business was her family’s only source of livelihood.

Source reference: p.2–5; paras.1–7

The electricity supply to the unit was disconnected by the third respondent on 16 September 2026, allegedly without prior notice.

Source reference: p.2–5; paras.1–7

The Tamil Nadu Pollution Control Board stated that it had received complaints against the unit and had conducted inspections on 16 December 2025, 18 April 2026 and 13 June 2026.

Source reference: p.2–5; paras.1–7

Notices seeking an explanation were issued to the petitioner, but she allegedly failed to appear.

Source reference: p.2–5; paras.1–7

The electricity department contended that the disconnection was made at the instance of the Pollution Control Board.

Source reference: p.2–5; paras.1–7

The petitioner consequently sought restoration of the electricity connection on the basis of her representation dated 17 September 2026.

Source reference: p.2–5; paras.1–7

The Pollution Control Board was impleaded as the fourth respondent during the proceedings.

Source reference: p.2–5; paras.1–7
02

Issues

Whether the petitioner was entitled to a direction under Article 226 of the Constitution for restoration of the electricity service connection to M/s. Sandhiveeran Crusher.

Source reference: p.3; para.2

Whether restoration of electricity could be directed despite alleged environmental violations and pending compliance requirements imposed by the Tamil Nadu Pollution Control Board.

Source reference: p.5; paras.5–8
03

Law Applied

The Court exercised its jurisdiction under Article 226 of the Constitution to issue a writ of mandamus concerning restoration of the electricity connection.

Source reference: p.5; para.8

The Court applied the principle that restoration of an essential service may be directed where the unit constitutes the petitioner’s only source of livelihood, while preserving the competent regulatory authority’s power to enforce environmental requirements.

Source reference: p.5; para.8

The Court further maintained that restoration of electricity did not amount to permission to operate a crusher unit lacking the requisite environmental compliance or approval from the Pollution Control Board.

Source reference: p.5; para.8
04

Reasoning

The Court accepted that the petitioner’s quarry/crusher unit was the only source of livelihood for her and her family.

Source reference: p.5; para.8

Although the Pollution Control Board had relied on complaints, inspections and alleged non-compliance, the Court balanced the petitioner’s livelihood concern against the regulatory objections by directing restoration of the electricity connection while expressly prohibiting operation of the crusher.

Source reference: p.5; para.8

Thus, the electricity connection could be restored, but the petitioner was required to comply with all directions of the Pollution Control Board, make the necessary improvements, and obtain proper approval before recommencing operations.

Source reference: p.5; para.8
05

Holding

The writ petition was disposed of with a direction to the third respondent to forthwith restore the electricity connection to M/s. Sandhiveeran Crusher.

The petitioner was prohibited from operating the crusher until she complied with all directions of the fourth respondent and obtained the requisite approval from the Pollution Control Board.

Source reference: p.5; para.9

The writ petition was disposed of without costs, and the connected miscellaneous petition was closed.

Source reference: p.5; para.9
Madras High Court

Original Court PDF

SanthivsThe Superintending Engineer

Madras High Court · September 23, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment