Obstruction of licensed green energy project by villagers violates Article 19(1)(g) right; state must provide police protection.

ORDER :

M.Nirmal Kumar, J.

The petitioner viz., M/s.Vinodha Green Energy LLP, a green energy concern, after obtaining permission and license, was in the process of establishing 3-megawatt solar plant at Tirupattur to generate power and transmit it from the site at Nellikollai to Mittur Substation of TNEB. At this juncture, a false information spread as though the installation of solar panel would affect the green field and environment of the villages. This was propagated by the vested interest people with ulterior motive, taking advantage of the illiteracy and gullibility of the villagers and thereby not allowed the trucks to unload the equipments transported to the site and created unnecessary obstruction to the petitioner’s business, which affects the fundamental right guaranteed under Article 19(1)(g) of Constitution of India. In this regard, the petitioner sent a representation to the respondents 3 and 4 seeking Police protection, but the respondents 3 and 4 were deflecting their responsibility. Hence, the present petition filed.

2.Learned Senior Counsel appearing for the petitioner submitted that the petitioner, an establishing concern, is promoting green energy as part of the initiative of the Central and State Governments. In order to achieve its objective, the petitioner company entered into a Land Lease Agreement vide registered document No.338 of 2026 for a period of 25 years in Neelikollai to establish a 3-megawatt solar plant at Tirupattur to generate power and transmit it from the site at Nellikollai to Mittur Substation of TNEB. The petitioner obtained necessary permission by paying required fees and got approval. The petitioner submitted letter dated 11.12.2025 for installation of solar panel at the site and also sent a letter dated 04.02.2026 proposing to conduct load flow study for the connectivity of the proposed solar power plant. The permission was accorded on 25.02.2026 vide Lr.No.SE/TEDC/TPR/AEE/CIVIL/TPR/F.Doc/D.No.254/2025-26 by the Superintending Engineer, TEDC, Tirupattur to install solar power plant and to connect the same to Mittur Substation on condition that all expenditure is borne by the petitioner. The Director/Planning & Regulatory granted approval and permission on 26.03.2026. The petitioner commenced the work by setting the bay area/metering area in substation and set up a dedicated line from the site to the substation metering yard. The solar power project comes under the white category and it involves only installation of solar panels and wires for generations and transmission of power. The solar power plant is a green energy project which is operating in all over the country and other parts of the world. Further there is no requirement to avail NOC from the Pollution Control Board. This being so, few antisocial elements are misleading the local villagers propagating that installation of solar panels would cause cancer, affects human health, creates scarcity in the ground water level, affects animal and plant and also increase the temperature and affect the pregnancy rates. Furtherance to false propagation, the local villagers sent a complaint on 18.02.2026 to the Assistant Executive Engineer, TNEB with a request to close the project of the petitioner’s company. On 09.03.2026 the trucks carrying materials from Pune reached the site, at that time, the miscreants prevented the staff from unloading the materials by instigating the villagers and totally five trucks forcibly detained at the site without unloading the materials. All attempts to unload the materials prevented by unruly mob and they also threatened employees.

3.Learned Senior Counsel further submitted that the petitioner’s company representative and villagers summoned by the 2^nd respondent viz., Revenu