Single judge disposed of a writ petition challenging an order requiring production of windmill installation permission. Petitioner challenged a demand to produce local body permission. Court stayed proceedings pending final orders in a Division Bench matter referenced elsewhere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.4196 of 2022 and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4196 of 2022 and W.M.P.(MD)Nos.3596 & 3597 of 2022
M/s.LSML Pvt.Ltd., Formerly Known as M/s.Leitwind Shriram Manufacturing Ltd., Rep. By its Authorised Signatory, Mr. E. SabariSankar, NO.337, 8th Main Road, MIG Phase I, Mogappair West, Nolombur, Chennai – 600 037. ... Petitioner Vs.
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W.P.(MD)No.4196 of 2022 and
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the Order Na.Ka.No.M3/4041/2020 dated 25.02.2022 passed by the 7th respondent and quash the same.
For Petitioner : Mr.M.Ajmal Khan, Senior counsel, for Mr. T. Sakthikumaran.
For R-1to R-4 & R-6 : Mr. K. Balasubramani, Special Government Pleader.
For R-5 : Mr.S. Deenadhayalan,
Standing Counsel.
For R-7 : Ms. D. Farjana Ghoushya, Special Government Pleader.
O R D E R
Heard the learned Senior counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 4 ,6 and 7 and the learned Standing counsel appearing for the fifth respondent.
2. The petitioner questions the impugned memorandum dated 25.02.2022 issued by the Block Development Officer (Village Panchayats), Alangulam, calling upon the petitioner to produce a copy of the permission obtained from the local body for installing and running the windmill. In the event of failure of furnishing the letter of permission, the petitioner was called upon to remove the windmill itself. It is seen that two learned Judges of this Court have taken diametrically opposite views as to whether approval from the local body is required. Vide Order dated 17.11.2011 in W.P.(MD) No.9930 of 2011 His Lordship Hon'ble Mr.Justice V.Ramasubramanian (as His Lordship then was) had held that permission is required from the local body. Later another learned Judge took a contra view in the decision reported in 2012 (5) CTC 450 (The President, Gangaikondan Panchayat V. The Chief Engineer, NCES). It was held in subsequent decision that till the rules are framed as per Section 159 of the Panchayats Act, it cannot be insisted that license must be obtained from the local body or Panchayat President for running the windmill. It is not in dispute that till date the rules as indicated above have not been framed. The Hon'ble Division Bench is seized of the entire issue in W.A.(MD)No.765 of 2012. One can take judicial notice of the fact that the windmills are eco-friendly and generate clean energy.
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W.P.(MD)No.4196 of 2022 and
3. It is also seen that Indian Wind Turbine Manufacturers Association (IWTMA) filed W.P.(MD)No.7925 of 2012 challenging the decision of the District Collector insisting for obtaining permission from the Panchayat President and the same has been stayed. The interim stay is still in force. In the interest of justice, the impugned decision is put on hold till final orders are passed by the Hon'ble Division Bench in the aforesaid writ appeal.
4. This writ petition stands accordingly disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
// True Copy //
/07/2022 Sub Assistant Registrar(CS)
PMU
To:
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W.P.(MD)No.4196 of 2022 and
+1 CC to M/s.T. SAKTHI KUMARAN, Advocate ( SR-27812[F] dated 23/06/2022 )
+1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-27775[F] dated 23/06/2022 )
+1 CC to M/s.D. FARJANA GHOUSHIA, Advocate ( SR-28049[F] dated 24/06/2022 )
W.P.(MD)No.4196 of 2022 22.06.2022
SS/07/07/2022/ 4P 11C
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2 issues framed by the court
Whether permission is required from the local body for installing and running the windmill pending rules under Section 159 of the Panchayats Act.
Whether the impugned decision calling upon the petitioner to produce permission or remove the windmill should be quashed.
Colour shows how this judgement treated each authority
Order dated 17.11.2011 by Hon'ble Mr.Justice V.RamasubramanianReferred¶18
W.P.(MD) No.9930 of 2011
The President, Gangaikondan Panchayat V. The Chief Engineer, NCESReferred¶18
2012 (5) CTC 450
Indian Wind Turbine Manufacturers Association filed Writ PetitionReferred¶22
W.P.(MD)No.7925 of 2012
Division Bench matter seized of the issueReferred¶18
W.A.(MD)No.765 of 2012
M/s.LSML Pvt.Ltd.
The District Collector, Tenkasi District
The Revenue Divisional Officer, Tenkasi District
The Tahsilar, Alangulam
The Assistant Engineer, Sitraru Watershed Divisional
The Director (Generation), TANGEDCO (TNEB)
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
