Facts
The petitioners, involved in handmade brickmaking, challenged notices dated 06.05.2026 issued by the Assistant Engineer, TANGEDCO, which sought to disconnect their electricity supply
Source reference: p. 3The disconnection was initiated following an inspection by revenue officials (Tahsildar), acting on directions from the National Green Tribunal (NGT), which found the brick kilns to be unauthorized and operating without necessary permissions
Source reference: p. 4The petitioners argued that the action was taken without affording them a proper opportunity to be heard and without providing the underlying inspection reports or proceedings dated 11.02.2026
Source reference: p. 3-4During the hearing, the requested documents were supplied to the petitioners in open court
Source reference: p. 5Issues
Whether the impugned notices for electricity disconnection were legally sustainable as final orders or were merely show cause notices
Source reference: p. 4 / para. 4 8Whether the petitioners were entitled to submit objections and seek relief regarding the alleged unauthorized brick kiln activities before the National Green Tribunal
Source reference: p. 5 / para. 8Law Applied
The court applied principles of natural justice, specifically the right to be heard (audi alteram partem), by treating the impugned notices as show cause notices rather than final orders
Source reference: p. 5It identified that regulatory oversight of brick kilns falls under environmental statutes as monitored by the National Green Tribunal (NGT)
Source reference: p. 4-5Furthermore, the court acknowledged the requirement for valid permissions/clearances from authorities, such as the Assistant Director of Mining, to carry out brick kiln activities
Source reference: p. 5Reasoning
The court observed that the impugned notices were not final orders of disconnection but were "only a show cause notice"
Source reference: p. 5This interpretation allowed the court to bridge the procedural gap alleged by the petitioners regarding the lack of opportunity. Since the primary grievance—the non-supply of the proceedings dated 11.02.2026—was resolved by providing the documents in court, the petitioners were now in a position to respond
Source reference: p. 5The court noted that the enforcement actions were rooted in directives from the NGT; therefore, any substantive challenge to the findings of "unauthorized activity" or "adverse orders" must be addressed within the jurisdiction of the NGT rather than through a Writ of Certiorari at this stage
Source reference: p. 5Holding
The Court disposed of the Writ Petitions without quashing the notices, instead granting the petitioners liberty to submit their explanations/objections within one week
The court held that the petitioners must approach the National Green Tribunal for any further relief against adverse environmental findings. No costs were awarded, and connected miscellaneous petitions were closed
Source reference: p. 5-6Original Court PDF
P.PeriyakaruppaiyavsThe Tahsildar
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in