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2025 Supreme(Online)(Mad) 72873

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
KSJ SPINS AND WEAVERS PRIVATE LIMITED – Appellant
Versus
THE EXECUTIVE ENGINEER (OPERATION AND MAINTENANCE) – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. Nos.50950 and 50951 of 2025 KSJ SPINS AND WEAVERS PRIVATE LIMITED, having its registered office at

1/610E, Ayakadu, Kadachanallur, Pallipalayam, Namakkal-638 008 Represented by its Director Jhayeshkumar K.S. ... Petitioner vs.

1. THE EXECUTIVE ENGINEER (OPERATION AND ΜΑΙΝΤΕΝΑNCE), Tamil Nadu Power Generation and Distribution Corporation.

Pallipalayam, Kumarapalayam Taluk, Namakkal District - 638 006.

2. THE ASSISTANT DIRECTOR, Town and Country Planning (DTCP), Namakkal, Namakkal District-637 001. … Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records and quash the impugned letter dated 03.07.2025 bearing Na. Ka. No. 2688/2025 issued by the 2nd Respondent as well as the impugned show cause notice dated 14.07.2025 bearing Ka. No.Se.Po.E.Pa/Va.A/Ko.Complaint No.532/2025-26 issued by the 1ª Respondent both seeking to suspend the electricity service connection granted to the Petitioner's industry and consequentially direct the Respondents to maintain status quo pending the 2nd Respondent's consideration of the Petitioner's appeal/representation dated 11.07.2024 for extension of the Floor Space Index (FSI) limit of their industrial building For petitioner : Mr.D. Ambarish For respondents : Mr.S. Kalaiselvan for R1 Mr.P. Ganesan, Addl. Govt. Pleader for R2 - - - - - -

ORDER

This writ petition has been filed to call for the records and quash the impugned letter dated 03.07.2025 bearing Na.Ka. No.2688/2025 issued by the 2nd respondent as well as the impugned show cause notice dated 14.07.2025 issued by the 1st respondent both issued to suspend the electricity service connection granted to the petitioner's industry and consequentially direct the respondents to maintain status quo pending the 2nd respondent's consideration of the petitioner's appeal / representation dated 11.07.2024 for extension of the Floor Space Index (FSI) limit of their industrial building.

2. It is stated that the petitioner company was founded by a first-

generation entrepreneur running a power and handloom industrial unit employing about 15 workers on the lands comprised in S.Nos.6/1D, 6/1E and

6/2B at Kadachanallur Village, Pallipalayam Taluk, Namakkal District.

3. Initially, the petitioner was granted planning permission by the 2nd respondent on 15.04.2021 for putting up an industrial building with an approved FSI area of 822.91 m2, based on the certificate dated 18.02.2021 issued by the Block Development Officer and after satisfying the mandatory requirements under the Tamil Nadu Combined Development and Building Rules, 2019.

4. During construction, there was a deviation, which, according to the petitioner, is well within the permissible limit under the said 2019 Rules. However, one Rajamanickam, a neighbouring landowner, made a complaint before the authorities concerned alleging the said unauthorised construction and also filed W.P. No.10066 of 2023. By order dated 07.06.2023, the Hon'ble Division Bench of this Court directed the respondents 1 to 5 therein to consider the representation of the said complainant dated 16.03.2023. Pursuant to aforesaid directions, the 2nd respondent sent a communication dated 03.07.2025 to the 1st respondent, which is impugned herein, whereby it was stated to suspend the electricity service connection provided to the subject property of the petitioner. Pursuant to which, the 1st respondent issued the consequential impugned show cause notice dated 14.07.2025 calling upon the petitioner to explain as to why the electricity service connection granted to the petitioner’s vacant land should not be suspended. In the interregnum period, the petitioner filed appeal before the Government on 11.07.2025. Challenging the communication dated 03.07.2025 issued by the 2nd respondent and the show cause notice dated 14.07.2025 issu

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