S.M.A. Gandhimathi Nathan v. The Chief Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.1607 of 2019 and W.M.P(MD).No.1366 of 2019 S.M.A.Gandhimathi Nathan ... Petitioner -vs1. The Chief Engineer, Non Conventional Energy Sources (NCES), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-2.

2. The Superintending Engineer, Non Conventional Energy Sources (NCES), Wind Energy Development Circle, Tamil Nadu Electricity Board, Tirunelveli District -627 011.

3. The District Collector, Collectorate,

4. The Superintendent of Police, Office of the Superintendent Of Police,

5. The Tahsildar, 1/6

6. The Tahsildar, Srivaikundam Taluk,

7. The Karaseri Village Panchayat, Represented by the Executive Officer,

8. The Mela Thattaparai Village Panchayat, Represented by the Executive Officer,

9. M/s.Suzlon Global Services Ltd ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus forbearing the respondents No.9 from installing the High Tension Wire Poles and Windmills on the Panchayat Pond, Channel and Agriculture Land and in Survey Nos.681/A, 220, 295, 482, 81/1B, 27, 28A, 72 and 73 at Mela Thattaparai Village, Thoothukudi Taluk, Thoothukudi District and Survey Nos.324, 330, 331, 333-335, 337, 341, 342, 344-346, 355-357 at Karaseri Village, Srivaikundam Taluk, Thoothukudi District by encroach the water bodies. For Petitioner : Mr.I.Pinaygash For R1 and R2 : Mr.S.Deenadayalam Senior Counsel for TANGEDCO For R3 to R7 : Mr.P.Thilakumar Government Pleader For R8 : Mr.V.Karthikraja for M/s.Ajmal Associates 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to forbear the respondents No.9 from installing the High Tension Wire Poles and Windmills on the Panchayat Pond, Channel and Agriculture Land and in Survey Nos.681/A, 220, 295, 482, 81/1B, 27, 28A, 72 and 73 at Mela Thattaparai Village, Thoothukudi Taluk, Thoothukudi District and Survey Nos.324, 330, 331, 333-335, 337, 341, 342, 344-346, 355-357 at Karaseri Village, Srivaikundam Taluk, Thoothukudi District by encroach the water bodies.

2. The learned Government Pleader appearing for the respondents 3 to 7 would submit that the high tension wire has already been installed and in operation. Therefore, the relief sought for to forbear the respondents became infructuous. However, if any violations committed by the authorities as per the submissions of the learned counsel for the petitioner, the petitioner is at liberty to file a complaint before the competent authority under the statute rules in force.

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3. With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) (A.D.M.C., J.) 24.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Chief Engineer, Non Conventional Energy Sources (NCES), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai-2.

2. The Superintending Engineer, Non Conventional Energy Sources (NCES), Wind Energy Development Circle, Tamil Nadu Electricity Board, Tirunelveli District -627 011.

3. The District Collector, Collectorate,

4. The Superintendent of Police, Office of the Superintendent Of Police,

5. The Tahsildar,

6. The Tahsildar, Srivaikundam Taluk,

7. The Karaseri Village Panchayat, Represented by the Executive Officer,

8. The Mela Thattaparai Village Panchayat, Represented by the Executive Officer, 5/6

S.M.SUBRAMANIAM, J.

and A.D.MARIA CLETE, J.

rgm W.P(MD).No.1607 of 2019 24.06.2025 6/6