A. Chelladurai v. The Director Technical
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.5766 & 5767 of 2025 A.Chelladurai : Petitioner Vs.
1. The Director Technical, Tamil Nadu Green Energy Corporation (TNGEC), TANGEDCO, 144, Anna Salai,
2. The Chief Engineer, Tamil Nadu Green Energy Corporation (TNGEC), TANGEDCO, 144, Anna Salai,
3. The Superintendenting Engineer, Tamil Nadu Green Energy Corporation (TNGEC), TANGEDCO, Sivanthipatti Road, Thiyagaraja Nagar, Palayamkottai,
4. M/s.Zogo Power Projects Private Ltd, Old No. 173/2, New No. 361, Avvai Shanmugai Salai, Gopalapuram, 1/6
5.The District Collector, Office of the District Collector, (suo motu impleaded by this order) : Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the 1st respondent in his proceedings in Lr.No. 008341-1/L23/F.M/s.Zoho Power Projects Pvt Ltd - 8MW/24, D.No. 594/24, dt 25.10.2024 in so far as granting permission for establishing of solar power unit in S.Nos. 8,13,14,15,19,20,21, 22 situated at Chazhianallur Village, Manur Taluk, Tirunelveli District which are situated within 300 meters radius of the petitioner licensed Blue Metal Quary.
For Petitioner : Mr.V.Vijayashankar For Respondents : Mr.S.Deenadhayalan for R1 to R3
O R D E R
This writ petition has been filed challenging the proceedings dated 25.10.2024, passed by the first respondent, granting permission to the fourth respondent to establish a solar power unit within a 300-meter radius of the petitioner's licensed blue metal quarry.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the 2/6
admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.
3.When the matter was taken up for hearing, the learned Standing Counsel, appearing on behalf of respondents 1 to 3, submitted that the fourth respondent has not interfered with the petitioner's business and the petitioner has approached this Court merely with the apprehension that the fourth respondent may cause hindrance to the business activities. Furthermore, the issue involved in this writ petition has to be addressed by the District Collector, Tirunelveli. However, the District Collector, Tirunelveli, has not been impleaded as a necessary party in this writ petition.
4.In the light of the above submission, "The District Collector, Tirunelveli" is hereby suo-motu impleaded as the fifth respondent. Consequently, the petitioner is directed to raise all his apprehension before the fifth respondent within a week from today and the fifth respondent shall, in turn, consider the same and pass appropriate orders on merits and in accordance with law, after giving due opportunity 3/6
to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two weeks thereafter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fifth respondent to consider the same on its own merits.
5. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
19.03.2025 Index : Yes / No Internet : Yes / No PKN Note: Issue order copy today.
4/6
To
1. The Director Technical, Tamil Nadu Green Energy Corporation (TNGEC), TANGEDCO, 144, Anna Salai,
2. The Chief Engineer, Tamil Nadu Green Energy Corporation (TNGEC), TANGEDCO, 144, Anna Salai,
3. The Superintendenting Engineer, Tamil Nadu Green Energy Corporation (TNGEC), TANGEDCO, Sivanthipatti Road, Thiyagaraja Nagar, Palayamkottai, 5/6
VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.7619 of 2025 19.03.2025 6/6