Kumar.M v. Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Kumar : Petitioner Vs.
1.Union of India, Rep. by its Secretary, Ministry of New and Renewable Energy, Block - 14, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.The Principal Secretary to Government of Tamil Nadu, Ministry of Electricity & Non-Conventional Energy Development, Secretariat, Fort St.George, Chennai - 600 009.
3.The Principal Secretary to Government of Tamil Nadu, Municipal Administration & Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
4.The Director, Directorate of Town & Country Planning, No.807, 4th Floor, Chengalvarayan Building, Opp. to LIC, Annasalai, Chennai - 600 002.
5.The District Collector, 6.The Assistant Director, Rural Development & Panchayat Raj Department, District Rural Development Agency, Collectorate, Thoothukudi District, 7.The Deputy Director, Town & Country Planning Department (Tirunelveli Region), Xavier Colony, South By-pass Road, Tirunelveli - 627 005.
8.The Joint Director of Agriculture, Agriculture Complex, District Collectorate Campus, 9.The Special Officer cum Deputy Collector for Land Reforms, 1/6
(Revenue Districts of Tirunelveli, Thoothukudi & Kanyakumari) Collectorate Campus, Tirunelveli District.
10.The Airport Director, Airports Authority of India, Thoothukudi Airport, 11.The Block Development Officer, Thoothukudi Panchayat Union Office, Pudukkottai, Thoothukudi.
12.The Block Development Officer, Ottapidaram Panchayat Union Office, Ottapidaram, Thoothukudi.
13.The Block Development Officer, Vilathikulam Panchayat Union Office, Vilathikulam, Thoothukudi.
14.The Block Development Officer, Srivaikundam Panchayat Union Office, Srivaikundam, Thoothukudi.
15.The Block Development Officer, Kovilpatti Panchayat Union Office, Kovilpatti, Thoothukudi.
16.The Block Development Officer, Ettayapuram Panchayat Union Office, Ettayapuram, Thoothukudi.
17.The Block Development Officer, Kayathar Panchayat Union Office, Kayathar, Thoothukudi.
18.The Tahsildar, Taluk Office, Pudukkottai, Thoothukudi District.
19.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.
20.The Tahsildar, Vilathikulam Taluk Office, 2/6
21.The Tahsildar, Srivaikundam Taluk Office, 22.The Tahsildar, Kovilpatti Taluk Office, 23.The Tahsildar, Ettayapuram Taluk Office, 24.The Tahsildar, Kayathar Taluk Office, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the fifth respondent to take necessary action in respect of vulnerable illegalities done by Wind Turbine Energy Generators in Thoothukudi District, by considering the petitioner's representation dated 16.06.2020. For Petitioner : Mr.M.Govindarajan For Respondents : Mr.C.Nandagopal for R.1 Mr.C.Marichelliah Prabhu, Additional Government Pleader for RR.2 to 9, 11 to 15 & 17 Mr.Bageerathan for R.10 Mrs.J.Padmavathi Devi, Special Government Pleader for RR.16, 18 to 24
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition with the grievance that the various irregularities committed by Wind Turbine Energy Generators in Thoothukudi District, despite having been brought to the notice of the fifth respondent, did not fructify into concrete actions.
2. The learned Counsel appearing for the petitioner submitted that suffice it is to direct the said authority to look into the matter by conducting enquiry, after due notice to the petitioner and the alleged violator.
3. Taking into consideration of the same, particularly, the pendency of the complaint made, through the representation dated 16.06.2020, the fifth respondent is directed to pass appropriate orders on the same, after notice to the petitioner and the alleged 3/6
violator, within a period of eight weeks from the date of receipt of a copy of this order. While doing so, the fifth respondent is expected to take note consideration the Government Order in G.O.Ms.No.79, Housing and Urban Development [UD4(3)] Department, dated 04.05.2017.
4. In fine, this writ petition stands disposed of. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government of Tamil Nadu, Ministry of Electricity & Non-Conventional Energy Development, Secretariat, Fort St.George, Chennai - 600 009.
2.The Principal Secretary to Government of Tamil Nadu, Municipal Administration & Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
3.The Director, Directorate of Town & Country Planning, No.807, 4th Floor, Chengalvarayan Building, Opp. to LIC, Annasalai, Chennai - 600 002.
4.The District Collector, 5.The Assistant Director, Rural Development & Panchayat Raj Department, District Rural Development Agency, Collectorate, Thoothukudi District, 6.The Deputy Director, Town & Country Planning Department (Tirunelveli Region), Xavier Colony, South By-pass Road, Tirunelveli - 627 005.
7.The Joint Director of Agriculture, Agriculture Complex, District Collectorate Campus, 4/6
8.The Special Officer cum Deputy Collector for Land Reforms, (Revenue Districts of Tirunelveli, Thoothukudi & Kanyakumari) Collectorate Campus, Tirunelveli District.
9.The Block Development Officer, Thoothukudi Panchayat Union Office, Pudukkottai, Thoothukudi.
10.The Block Development Officer, Ottapidaram Panchayat Union Office, Ottapidaram, Thoothukudi.
11.The Block Development Officer, Vilathikulam Panchayat Union Office, Vilathikulam, Thoothukudi.
12.The Block Development Officer, Srivaikundam Panchayat Union Office, Srivaikundam, Thoothukudi.
13.The Block Development Officer, Kovilpatti Panchayat Union Office, Kovilpatti, Thoothukudi.
14.The Block Development Officer, Ettayapuram Panchayat Union Office, Ettayapuram, Thoothukudi.
15.The Block Development Officer, Kayathar Panchayat Union Office, Kayathar, Thoothukudi.
16.The Tahsildar, Taluk Office, Pudukkottai, Thoothukudi District.
17.The Tahsildar, Ottapidaram Taluk Office, Thoothukudi District.
18.The Tahsildar, Vilathikulam Taluk Office, 19.The Tahsildar, Srivaikundam Taluk Office, 5/6
20.The Tahsildar, Kovilpatti Taluk Office, 21.The Tahsildar, Ettayapuram Taluk Office, 22.The Tahsildar, Kayathar Taluk Office, +1 CC to M/s.GP ( SR-3975[F],SR-3990[F] dated 09/02/2021 ) +1 CC to M/s.M.GOVINDARAJAN, Advocate ( SR-3888[F] dated 09/02/2021 ) 08.02.2021 ES(CO) KB(17.02.2021) 6P 25C 6/6