M/S.Rajalakshmi Wind Energy Ltd v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.19410, 19412 & 19413 of 2025 M/s.Rajalakshmi Wind Energy Limited, Having its registered office at 4th Floor, 69, New Avadi Road, Kilpauk, Chennai Through its Authorized Signatory Thanga Chandran.

... Petitioner Vs.

1.The State represented by The Additional Chief Secretary, Energy Department, Fort St.George, Chennai - 600 009.

2.The Chief Engineer / NCES, TNGECL, 2nd Floor, 3.The Director Technical (FAC), TNGECL, 10th Floor, Western Wing, 1/6

4.The Executive Engineer / WPP, TNGECL, 10th Floor, Western Wing, 5.M/s.Green Enviro Infrastructure Private Limited, Represented by The Managing Director, Mr.Balaji, No.106-B4/1, Vathiyar Villai, Krishnancoil, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the third respondent in Letter No.005999/L13/F dated 27.06.2025 approving the erection of a new wind mill of 750 KW near our land in Survey Nos.974, 968/1, 966/1, 840/2, 839/2B and 1006/3B at Palavoor Village, Rathapuram Taluk, Tirunelveli District in violation of minimum required distance from the existing wind mills of the petitioner company and quash the same as illegal.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R.1 Mr.S.Deenadhayalan Standing Counsel for R.2 to R.4 2/6

Mr.P.Ganapathisubramanian for R.5

ORDER

Heard both sides.

2.The writ petitioner challenges the technical approval granted by the third respondent in favour of the fifth respondent. It is seen that the writ petitioner has already filed O.S.No.70 of 2025 on the file of the Principal District Munsif, seeking permanent injunction against the fifth respondent as well as TNGECL. The writ petitioner obtained an interim order in their favour and the same has been put to challenge by the fifth respondent by filing Civil Miscellaneous Appeal. The petitioner has to work out all their claims against the fifth respondent only in a single proceeding. The petitioner cannot be allowed to launch multiple proceedings against the fifth respondent.

3.The learned counsel for the petitioner states that TNGECL is not a party to the suit and that the passing of the order impugned in the writ petition was not brought to the knowledge of the writ petitioner. 3/6

4.I therefore permit the petitioner to file Interlocutory Applications to amend the suit claim as well as to implead TNGECL. As and when such an IA is filed, it shall be allowed straightaway by the Court below. This direction will hold good only if the petitioner herein files such an IA within 7 days from the date of receipt of a copy of this order. If the petitioner fails to do so, the benefit of this order will stand automatically recalled. The Sub Court, Valliyoor is also directed to take up the Civil Miscellaneous Appeal for final hearing on 23.09.2025 and dispose of the same by passing final order on or before 10.10.2025. I make it clear that I have not gone into the merits of the matter. 5.Granting liberty to the writ petitioner to canvass their contentions now raised before me in the pending civil suit by filing appropriate amendment applications, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 19.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 19.09.2025.

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To 1.The Additional Chief Secretary, Energy Department, Fort St.George, Chennai - 600 009.

2.The Chief Engineer / NCES, TNGECL, 2nd Floor, 3.The Director Technical (FAC), TNGECL, 10th Floor, Western Wing, 4.The Executive Engineer / WPP, TNGECL, 10th Floor, Western Wing, 5.The Managing Director, M/s.Green Enviro Infrastructure Private Limited, No.106-B4/1, Vathiyar Villai, Krishnancoil, Kanyakumari District.

Copy to The Sub Court, Valliyoor.

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G.R.SWAMINATHAN, J.

MGA 19.09.2025 6/6