Keelathenkalam Village v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.3049 of 2024 Keelathenkalam Village, Represented by its, President, Muthu, (M, 49/23), S/o.Gomathi Sanmugam, No.1/19, Otha Veedu, Keelathenkalam, Sankar Nagar, Thallaiyuthu, ... Petitioner -vs1.The District Collector, Office of the District Collector, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation,
4.The Block Development Officer, Office of the Block Development Officer, Manur Panchayat Union, 5.The President, Thalaiyuthu Village Panchayat, 6.The President, Thenkalam Village Panchayat, 7.The Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, SIDCO Industrial Estate, 8.M/s.Bharathi Mahesh Enterprises, Bharathi Mahesh Energy Private Limited, Main Road, Mudavankulam, Kasthurirangapuram, Disiyanvilai, Kanyakumari District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to forbear the respondent Nos.1 to 7 from granting permission for 8th respondent to set up private Solar Power Plant in Keelathenkalam Village, Manur Taluk in Tirunelveli District. For Petitioner :
Mr.I.Sabeer Mohammed
For Respondents :
Mr.P.Thilakkumar Government Pleader for R1 Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R2 Mr.S.Deenathayalan, Standing Counsel for R3 Ms.Vijayakumari Natarajan, Standing Counsel for R7
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] The prayer in this Writ Petition is to forbear the respondent Nos.1 to 7 from granting permission for the 8th respondent to set up private Solar Power Plant in Keelathenkalam Village, Manur Taluk in Tirunelveli District.
2. According to the petitioner, the 8th respondent is taking steps to set up private solar power plant in the midst of the agricultural land. Hence, the villagers have sent a detailed representation to the official respondents not to grant any permission for solar power plant in the village. Since the said representation has not been considered, the petitioner has filed the present Writ Petition.
3. According to the learned Standing Counsel for the third respondent, no such proposal has been received to set up private Solar Power Plant in Keelathenkalam Village, Manur Taluk in Tirunelveli District and only out of apprehension this Writ Petition has been filed. The said submission is recorded.
4. Without ascertaining the said facts with the authorities concerned, the petitioner has straightaway filed the present Writ Petition. Therefore, we find no bonafide reason to entertain the Writ Petition and there is no merit in the Writ Petition. Hence, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K., J.] [R.V., J.] 13.02.2024 Index : Yes / No Internet : Yes / No SJ To 1.The District Collector, Office of the District Collector,
2.The Superintendent of Police, Office of the Superintendent of Police,
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
SJ 13.02.2024