V.Kaliraj v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.987 of 2025 V.Kaliraj ... Petitioner Vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Manur Taluk Office, Manur Taluk, Tirunelveli District 3.The Block Development Officer, Manur Union Panchayat, Manur Taluk, Tirunelveli District 4.The President, Prancherry Village Panchayat, Manur Taluk, Tirunelveli District.

5.M/s.Pratt and Whitney Agro Private Ltd.,, Rep. by its Branch Manager, 4th Floor, 445, Rajpur Road, Chukkuwala, Dehradun, Uttarakhand-248 001.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the 1 to 4th respondents herein from permitting the 5th respondent herein to install the wind mill in property in Survey No.677 situated at Prancherry Village, Manur Taluk, Tirunelveli District based on the petitioner's representation dated 18.11.2024. For Petitioner : Mr.G.Gomathisankar For R-1 & R-2 : Mr.S.Kameswaran, Government Advocate For R-3 & R-4 : Mr.C.Satheesh, Government Advocate

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.Considering the limited scope of the relief sought for by the petitioner herein, notice to the 5th respondent is dispensed with. 3.This writ petition is filed seeking to forbear the respondents 1 to 4 herein from permitting the 5th respondent herein to install the wind-mill in property in Survey No.677 situated at Prancherry 2/5

Village, Manur Taluk, Tirunelveli District based on the petitioner's representation dated 18.11.2024.

4.Heard the learned counsels on either sides and carefully perused the materials available on record.

5.The learned Government Advocate Mr.S.Kameswaran on written instructions submitted that, the 5th respondent has commenced the installation of the wind-mill and the said property is his patta land. However, he fairly conceded that he is unaware as to whether the 5th respondent has obtained proper permission from the competent authorities.

6.In view of the said submission, this Court hereby direct the respondents 1 to 4 to consider the petitioner's representation dated 18.11.2024 and pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order and in case it is identified that the 5th respondent has commenced the installation of the windmill without proper permission, the same shall be stalled.

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7.The writ petition is disposed of on these terms. There shall be no order as to the costs. Consequently, the connected miscellaneous petition is closed.

21.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Manur Taluk Office, Manur Taluk, Tirunelveli District 3.The Block Development Officer, Manur Union Panchayat, Manur Taluk, Tirunelveli District 4.The President, Prancherry Village Panchayat, Manur Taluk, Tirunelveli District.

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L.VICTORIA GOWRI, J.

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