BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 17.08.2022 PRONOUNCED ON : 19 .09.2022 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.8789 of 2012 and M.P.(MD)No.2 of 2012 M/s.NuPower Renewables Limited, represented by its Company Secretary, No.618, Maker Chambers V, Nariman Point, Mumbai – 400 021. ... Petitioners Vs.

1.The Government of Tamilnadu, represented by Secretary to Government, Rural Development and Panchayat Raj Department, Fort St.George, Secretariat, Chennai 600 009.

2.The District Collector, Office of the District Collector, Tirunelveli.

3.The Chief Engineer, Non-Conventional Energy Sources (NCES), Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai – 600 002.

4.The Superintending Engineer, Non-Conventional Energy Sources (NCES), Tamil Nadu Electricity Board, Tirunelveli.

5.The Panchayat President, Pattadaikatti Village, Sanakarankovil Taluk, Tirunelveli District

6.The Panchayat President, Naduvakurichi Major Village, Sankarankovil Taluk, Tirunelveli District.

7.The Panchayat President, Naduvakurichi Minor Village, Sankarankovil Taluk, Tirunelveli District.

8.The Panchayat President, Chinnakovilankulam Village, Sankarankovil Taluk, Tirunelveli District.

9.The Panchayat President, Eechantha Village, Sankarankovil Taluk, Tirunelveli District.

10.The Panchayat President, Kulasekaramangalam Village, Sankarankovil Taluk, Tirunelveli District.

11.The Panchayat President, Vellalankulam Village, Sankarankovil Taluk, Tirunelveli District.

12.The Panchayat President, Keelakalangal Village, Veerakeralampudur Taluk, Tirunelveli District.

13.The Panchayat President, Melakalangal Village, Veerakeralampudur Taluk, Tirunelveli District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the 2^nd respondent in Ref.No.Aa8/4145/2011, dated 01.05.2012 and to quash the same as illegal.

For Petitioners : M/s.J.Maria Roseline For R1 and R2 : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.N.Muthuvijayan Special Government Pleader For R3 and R4 : Mr.S.Deenadhayalan For R5 to R13 : No appearance *****

O R D E R

The present writ petition has been filed challenging the proceedings of the second respondent herein under which he has proceeded to issue various guidelines for granting permission and license for the erection of windmills and for collection of charges towards granting of such licence in Tirunelveli District.

2.According to the petitioner, they are incorporated under Indian Companies Act, 1956 and carrying on the business in the generation of wind energy by erection of wind turbine generators. The petitioners have installed wind energy generators in Tirunelveli District, after obtaining proper approval from electricity board. According to the petitioner, they have also entered into energy wheeling agreement with the electricity board and they are enjoying the energy generated in the wind bell. The petitioner has further contended that the second respondent hearin under the impugned order after referring to a judgement of this Court in W.P. (MD)No.9930 of 2011, dated 17.11.2011, has arrived at a finding that wind turbine generators would come within the definition of building under Tamil Nadu Panchayat Act, 1994 and building plan approval should be obtained from under Tamil Nadu Village Panchayat (Assessment and Collection of Taxes) Rules, 1999. The second respondent after having obtained opinion from the Superintending Engineer, NCES and on the basis of KVA had arrived at the approximate cost of the civil works and the approximate cost of Towers of the Wind Turbine Generators in the Tirunelveli District and has issued a circular under which he has elaborately laid down the procedure right from applying for building plan approval, making application, quantum of charges and tax and property tax to be paid by the windmill, after the erection of the windm