2026 Supreme(Online)(Mad) 714
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
M/s.D.J.WATER SUPPLY – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-01-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
WMP NO. 56005 OF 2025,WMP NO. 56002 OF 2025,WMP NO. 56003 OF
2025
M/s.D.J.WATER SUPPLY
Rep by its Proprietor,
D.Jagadeesan, Son of Durai,
having Office at No.33, Adhiparasakthi nagar,
White Gate,Thimmasamudram,
Kancheepuram District- 631 502.
..Petitioner(s)
Vs
1. The District Collector
Kancheepuram District,
Kancheepuram.
2. The District Revenue officer
Kancheepuram District,
Kancheepuram.
3. The Revenue Divisional Officer
Kancheepuram,
Kancheepuram District.
4. The Tahsildar
Kancheepuram taluk,
Kancheepuram District.
5. Gnanaprakasam Respondent(s)
Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 1st respondent in COLKPM 419 /2025 /U3 dated 14.11.2025 and quash the same as illegal, incompetent and ultravires and consequently direct the respondents 1 to 4 to permit the petitioner to continue the water supply business under the name of DJ WATER SUPPLY at survey No.147/ 3A2, Thimmasamudram village, Kancheepuram Taluk, Kancheepuram District.
For Petitioner(s): Mr.R.Jayaprakash For Respondent(s): Mr.S.Rajesh, Govt. Advocate for R.1 to R.4
ORDER
The Writ Petition has been filed for the following reliefs:-
“To call for the records pertaining to the proceedings of the 1st respondent in COLKPM 419 /2025 /U3 dated 14.11.2025 and quash the same as illegal, incompetent and ultravires and consequently direct the respondents 1 to 4 to permit the petitioner to continue the water supply business under the name of DJ WATER SUPPLY at survey No.147/ 3A2, Thimmasamudram village, Kancheepuram Taluk, Kkancheepuram District.”
2. The facts, in a nutshell, are as follows:-
2.1. The petitioner company has been carrying on a water supply business in the name and style of “DJ Water Supply” since the year 2014. The said business is being operated from land belonging to Mrs. J. Meenakshi, the wife of the proprietor of the petitioner concern.
2.2. The petitioner would submit that before commencing the business all the requisite licences and permissions had been obtained by them and the trade licence has been regularly renewed by paying the requisite fees. The petitioner would submit that the business is also duly registered under the Good and Service Tax and GST is being paid regularly.
2.3. While so, the petitioner’s brother, the 5th respondent herein on account of a personal animosity had filed WP.No.25755 of 2025 seeking direction to the authorities to consider his representation dated 18.01.2025 to take action against the petitioner alleging illegal extraction of groundwater. Pursuant to the orders passed by this Court on 15.07.2025, the revenue officials had inspected the petitioner’s business premises on 26.07.2025 and during the inspection they had orally advised the petitioner to obtain necessary permission from the 3rd respondent. In compliance of the said advice, on 31.07.2025, the petitioner had submitted a detailed representation to the 3rd respondent seeking permission to continue his business and expressing willingness to pay any fee or comply with any condition prescribed by law. However, no action was taken on the said representation.
2.4. Meanwhile, the 4th respondent by proceedings dated 29.07.2025 directed the petitioner to appear for enquiry. Accordingly, on 05.08.2025, the petitioner had appeared before the 4th respondent and given a detailed explanation along with all supporting documents. Thereafter, the matter was adjourned for submission of the report by the 4th respondent.
2.5. While things stood so, without waiting for the report of the 4th respondent and without issuing a show cause notice to the petitioner, the 1st respondent had passed the impugned order dated 14.11.2025 directing the sealing of the petitioner’s business premises on the ground that groundwater is being illegally extracted. Challenging the same, the p