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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. PONGIAPPAN, J.
Suzlon Gujarat Wind Park Ltd., Represented by its Deputy Manager, A. Iyyappan & Another – Appellant
Versus
The Deputy Inspector General of Police, Tirunelveli & Others – Respondent
W.P. (MD) Nos. 27233 & 27239 of 2019 & W.M.P. (MD) Nos. 1908 & 7755 of 2020, 23524, 23526, 23529 & 23531 of 2019
Decided On : 16-10-2020
ELECTRICITY ACT - Writ Petitions - 163, 164 of the Electricity Act, 2003 - The court discussed the provisions of Sections 163 and 164 of the Electricity Act, 2003, which allow a licensee or authorized person to enter premises for inspection, testing, repairing, or altering electric supply lines. The court interpreted these provisions in the context of the petitioners' right to access and operate wind turbines on purchased land. The court's decision was influenced by the interpretation of these provisions and their application to the dispute.
Fact of the Case:
The petitioners sought police protection to activate and generate a wind energy system on land they had purchased. The respondents obstructed access to the wind turbine, demanded payment for access, and refused to provide police protection. The petitioners filed writ petitions seeking police protection and challenging the rejection of their complaint by the authorities.
Finding of the Court:
The court found that the petitioners had invested a substantial amount in the wind energy project and that the public would benefit from the electricity generated. The court acknowledged the ongoing civil suit between the parties but granted police protection to the petitioners until the final disposal of the civil suit.
Issues: The main issue was the petitioners' right to access and operate the wind turbines on the purchased land, as obstructed by the respondents. The court also considered the jurisdiction of the civil court and the need for police protection pending the final disposal of the civil suit.
Ratio Decidendi: The court's decision was based on the interpretation of the Electricity Act provisions, the substantial investment made by the petitioners, and the public benefit from the wind energy project. The court balanced the rights of the parties and granted police protection to the petitioners until the final disposal of the civil suit.
Final Decision: The court quashed the impugned order and directed the Superintendent of Police to provide police protection to activate and generate the wind energy system on the purchased land within three weeks. The writ petitions were allowed with no costs.
JUDGMENT :
(Prayer in W.P.(MD)No.27233 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned order passed by the second respondent in his proceedings in e.f.vz;.rp.2/34159/2019 dated 04.09.2019 and quash the same as illegal.
In W.P.(MD)No.27239 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to provide adequate police protection to activate and generate the Wind Energy System situated in Survey Nos.1098/1, 1098/2 and in Survey Nos.713/3A, 713/3B at Umarikottai Village, Tuticorin Taluk, Tuticorin District, within the period that may be stipulated by this Court.)
1. W.P.No.27233 of 2019 has been filed praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings in e.f.vz;.rp.2/34159/2019 dated 04.09.2019 and quash the same as illegal.
2. W.P.No.27239 of 2019 has been filed praying for issuance of a Writ of Mandamus, directing the 1st respondent to provide adequate police protection to activate and generate the Wind Energy System situated in Survey Nos.1098/1, 1098/2 and in S.Nos.713/3A, 713/3B at Umarikottai Village, Tuticorin Taluk, Tuticorin District, within a period that may be stipulated by this Court.
3. Since the parties to the above proceedings are one and the same and the prayer sought by the petitioners is an inter linked one, both these Writ Petitions are heard together and upon hearing the both side arguments, the following common order is passed.
4. The grievance of the petitioners in both the Writ Petitions is that the 1st petitioner is the Deputy Manager in 1st petitioner's Company. He has filed these writ petitions for himself and on behalf of the 2nd petitioner herein.
5. The Ministry of New and Renewal Energy, Government of India (MNRE) sanctioned a scheme of 1000 MW wind power projects vide F.No.53/14/2016-WE dated 22.10.2016. The said scheme was implemented through the Solar Energy Corporation of India Limited (SECI), a public sector undertaking held by the MNRE, through RFS No.SECI/C&P/WPD/Rfs/1000MW/102016 dated 28.10.2016. Out of the 1000 MW capacity, M/s. Green Infra Wind Energy Limited, the 2nd petitioner has submitted its bid and vide LOI No.SECI/C&P/WPD/LOA/GIWEL/12359 dated 05.04.2017 to 1000 MW capacity and was awarded a capacity of 250 MW by SECI to be commissioned in Tamil Nadu.
6. For the purpose of commissioning the above project, the 2nd petitioner herein has entered into Land and Site Development Contract with the 1st petitioner. The project awarded in favour of the 2nd petitioner is a time bound Central Government assigned project, Ministry of New and Renewal Energy (MNRE) designated to produce Green Energy (non polluting). The said project is worth of more than 1500 Crores. The 1st petitioner is an Indian MNC, operating in across 7 countries, they purchased dry land from the land owners and after getting proper permission from the Tamil Nadu Electricity Board as per their norms and have installed more than 6000 Turbines in India. Likewise to implement the 250 MW Capacity Wind Project in Tuticorin District, the 2nd petitioner decided to purchase the lands in and around Ottapidaram and Tuticorin Taluks through the 1st petitioner.
7. The 1st petitioner herein purchased various lands in and around Ottapidaram and Tuticorin Taluks and installed 119 numbers of Wind Turbine Generators. The entire installation process was completed and electricity has been generated from 2018 onwards and to that effect Commissioning Certificate of Wind Power Project, was also issued by the Tamil Nadu Generation and Distribution Corporation Limited by his proceedings dated 10.10.2018 and as such, the petitioners have been commissioning 249.9 MW capacity of Wind Energy from the 119 numbers of Wind Turbine Generator.
8. Out of
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