Case Note & Summary
The petitioners, P.Periyakaruppaiya and S.S.Shenbaga Vinayagam, filed two writ petitions under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging notices dated 06.05.2026 issued by the fifth respondent, the Assistant Engineer of TANGEDCO, which sought to disconnect their electricity connections. The petitioners were engaged in manufacturing handmade bricks. They contended that no violation was committed by them and that the impugned notices were issued without furnishing any inspection report or a copy of the proceedings dated 11.02.2026, thereby denying them a proper opportunity to respond. The respondents, represented by the Government Advocate for the Tahsildar and counsel for TANGEDCO, argued that the impugned orders were merely show cause notices and that disconnection was sought based on directions from revenue officials who had inspected the site and found unauthorized brick kiln activities. The court, after hearing both sides, observed that the impugned notices were indeed show cause notices but noted that the petitioners were not provided with the inspection report or the proceedings dated 11.02.2026. The court held that the failure to furnish these documents before issuing the show cause notices violated the principles of natural justice. Consequently, the court quashed the impugned notices but granted liberty to the respondents to issue fresh notices after furnishing the relevant materials to the petitioners. The writ petitions were allowed with the above direction.
Headnote
A) Constitutional Law - Principles of Natural Justice - Show Cause Notice - Article 226 of Constitution of India - The court considered whether disconnection notices issued without furnishing inspection report or copy of prior proceedings violated natural justice - Held that failure to provide inspection report and prior proceedings before disconnection amounts to violation of principles of natural justice, and the impugned notices were quashed with liberty to issue fresh notices after furnishing materials (Paras 5-6).
Issue of Consideration
Whether the impugned disconnection notices issued by TANGEDCO without furnishing inspection report and without affording proper opportunity to the petitioners are violative of principles of natural justice.
Final Decision
The court quashed the impugned notices dated 06.05.2026, but granted liberty to the respondents to issue fresh notices after furnishing the relevant materials to the petitioners. The writ petitions were allowed.
Law Points
- Principles of Natural Justice
- Right to be heard
- Show cause notice must be accompanied by material relied upon
- Article 226 of Constitution of India
