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Madras High CourtWP(MD)/23885/2024disposed of

Suryoday Renew Energy Private Limited v. The District Collector

2024-10-04Honourable Mr Justice N. Sathish Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Suryoday Renew Energy Private Limited, Rep. by its Manager Thomas, Periyanaikulam Village, Kamuthi Taluk, Ramanathapuram District.

... Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District.

2.The Superintendent of Police, District Police Office, 3.The Sub-Collector / RDO, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Kamuthi Taluk Office, 5.The Inspector of Police, Abiramam Police Station, 1/5

6.The Inspector of Police, Parthibanoor Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents or their men and agents from anyway disturbing the peaceful and smooth functioning of the petitioner's company based upon the petitioner's representation to the respondents dated 23.09.2024.

For Petitioner : Mr.S.Kishore Kumar For R1, R3 & R4 : Mr.A.Kannan, Additional Government Pleader.

For R2, R5 & R6 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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2.It is the case of the petitioner that the petitioner Company is having proper license to run Solar Energy Power Unit in and around Periyanaikulam Village, Kamuthi Taluk, Ramanathapuram District and purchased some lands for installing the solar panel in order to get solar electricity. However, the same has been prevented by the villagers. Hence, the 4th respondent issued a notice to the petitioner to appear for enquiry. In this regard, the petitioner has given a representation dated 23.09.2024 to the respondents 1 to 3, requesting them to give instructions to the 4th respondent not to harass the petitioner Company under the guise of enquiry. Since the same has not been considered so far, the petitioner has filed this Writ Petition.

3.The learned Additional Government Pleader appearing for the respondents 1, 3 and 4, on instructions, would submit that since the villagers of Kattu Emaneswaram have objected and decided to conduct Tharna from 28.10.2024 and 30.10.2024, the 4th respondent sent a notice to the petitioner as well as the villagers, directing them to appear for enquiry on 07.10.2024. (*)4. In view of the said submission, this Writ Petition is disposed of with a direction to the petitioner to appear before the 4th respondent for enquiry along 3/5

with all the relevant documents to show that necessary permission has already been obtained for running Solar Energy Power Unit. The respondents shall ensure that general public are not disturbed. No costs. Sd/- Assistant Registrar (CO) (*)Corrected as per the order of this Court dated 18/10/2024 made in W.P(MD)No. 23885 of 2024 // True Copy // /11/2024 Sub Assistant Registrar (CS- I, II, III, IV) Yuva To 1.The District Collector, Collectorate, Ramanathapuram District.

2.The Superintendent of Police, District Police Office, 3.The Sub-Collector / RDO, Revenue Divisional Office, Paramakudi, Ramanathapuram District.

4.The Tahsildar, Kamuthi Taluk Office, 4/5

5.The Inspector of Police, Abiramam Police Station, 6.The Inspector of Police, Parthibanoor Police Station, +1 CC to M/s.S.KISHORE KUMAR, Advocate ( SR-56441[F] dated 04/10/2024 ) +1 CC to M/s.SPL.GP ( SR-56764[F] dated 07/10/2024 ) 04.10.2024 RD(12/11/2024) 5 P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5