Madras High CourtWP(MD)/10365/2025disposed of

G.Sweetha Mahalakshmi v. The Director

2025-06-26Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.7766 of 2025 G.Sweetha Mahalakshmi ... Petitioner Vs

1. The Director, Tamilnadu Green Energy Corporation Limited, Thiru.Vee.Kaa Industrial Estate, Guindy, Chennai - 600002.

2. The Additional Divisional Engineer, NPES Non-Conventional Energy Zone, Tamilnadu Green Energy Corporation Limited, Udumalaipet, Udumalaipet Taluk, Tiruppur District.

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Block Development Officer, Vedasandur Panchayat Union, Vedasandur, Dindigul District.

5. The Director, Department of Geology and Mines, Guindy, Chennai - 600 032.

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6. The Assistant Director, Geology and Mines Department, Collectorate Campus, Dindigul - 624 004.

7. M/s. S.P.Energy, Rep. by P.Sree Kumaran, Managing Partner, 35-B, SIDCO Industrial Estate, Kurichi, Coimbatore - 641021.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 not to grant approval / permission to the construction and operation of the Solar Power Park of the seventh Respondent which is within 300 metres of the petitioner's rough stone and gravel quarry comprised in S.No. 647/1B1 in Kaithiyankottai, Vedasandur Taluk, Dindigul District, without getting prior clearance from the fifth Respondent in compliance with Rule 36 (1A) (c) of the Tamil Nadu Minor Mineral Concession Rules, 1959. For Petitioner : Mr.H.Arumugam for Mr.A.Iruthayaraj For R-4 : Mr.S.Saji Bino Special Government Pleader For R-3, 5 & 6 : Mr.M.Senthil Ayyanar Government Advocate 2/6

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 4, not to grant approval or permission to the construction and operation of the solar power park of the seventh Respondent.

2. The respondent have directed the petitioner to produce the relevant rules or any other circulars which prohibits from putting up such solar power park within the distance of 300 meters.

3. The petitioner relied on Rule 36(1A)(c) of the Tamil Nadu Minor Mineral Concession Rules, 1959. Based on the said rule, the petitioner seeks the relief prayed for. Further, the second respondent ought to consider the petitioner's representation since the second respondent is the competent authority to provide permission to put up solar power park.

4. Therefore, the petitioner is directed to submit the relevant details to the second respondent. The second respondent shall conduct an enquiry after issuing notice to the petitioner as well as the seventh respondent and thereafter, pass appropriate orders within a period of eight (8) weeks from the date of receipt of a 3/6

copy of this order. In case if the second respondent is in need of any clarification, the same shall be sought from respondents 4 to 6. The petitioner is permitted to submit any relevant judgments before the competent authority. It is stated that the seventh respondent has commenced construction of the solar power park without obtaining proper permission from the concerned authority. Therefore, the seventh respondent is restrained from putting up fresh construction until the completion of the enquiry and passing of appropriate orders.

5. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 4/6

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