Vijayaraj. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.20141 of 2023 R.Vijayaraj ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Executive Engineer, Water Resources Department, Korampallam, Thoothukudi.

4.The Executive Engineer, Non Conventional Energy Sources, Tamil Nadu Electricity Board, Aringar Anna Building, Maharaja Nagar, Tirunelveli.

1/4

5.Sembcorb Energy India Limited, 5th Floor, Tower - C, Building No:8, DLF Cyber City, Gurgaon, Haryana - 122 002.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 5 from in any way permitting or installing Windmill in Survey No. 624/1A, 624/2A of Ottapidaram Village and Taluk, Thoothukudi District in contravention to the rejection order of permission dated 08.09.2023 issued by the third respondent herein based on the representation of the petitioner dated 01.09.2023. For Petitioner : Mr.N.Anandha Kumar for V.Malaiyendran For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.4 Mr.Ajmal Khan Senior Counsel for M/s.Ajmal Associates for R.5

ORDER

Heard both sides.

2. When the matter was taken up for hearing, the fifth respondent made a submission before this Court through their counsel that to erect and 2/4

install the wind mill in the petition mentioned survey numbers, they will not use any of the water bodies for access purposes.

3. Recording the said submission, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 02.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Executive Engineer, Water Resources Department, Korampallam, Thoothukudi.

3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 4.The Executive Engineer, Non Conventional Energy Sources, Tamil Nadu Electricity Board, Aringar Anna Building, Maharaja Nagar, Tirunelveli.

and W.M.P(MD)No.20141 of 2023 02.11.2023 4/4