BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.8109 of 2025 and WMP(MD)No.6087 of 2025 E.Rajaselvan ... Petitioner vs.

1. The Chief Engineer, Distribution/TANGEDCO, Trichy.

2. The Executive Engineer, Non Conventional Energy Sources, Mannarpuram, Trichy.

3. The Assistant Executive Engineer Generation and Distribution, Srirangam, Trichy.

4. Everrenew Energy Pvt. Ltd., Doxa Business Centre, OMR, Aneja Towers, Chennai.

5. Sri Balaji Green Power Energy, 14, 11A, C.M.Tower, Rajendra Road, Udumalpet, Tiruppur.

6. The Special Officer, Vengaimandalam Village Panchayat, Musiri Union, Trichy District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 and 6 to stop the operation of Wind Turbine Generators which is installed by 4^th and 5^th respondents at Vengaimandalam Village, Musiri Union, Trichy District, till the payment of Tax by the 4^th and 5^th respondent to Vengaimandalam Village Panchayat as per the Tamil Nadu Panchayat Act, 1994, within stipulated time fixed by this Court.

For Petitioner : Mr.G.Kasinathadurai For R1 to R3 : Mr.S.Dheenadhayalan, Standing Counsel For R6 : Mr.P.Thilakkumar, Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.

The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 and 6 to stop the operation of Wind Turbine Generators which is installed by 4^th and 5^th respondents at Vengaimandalam Village, Musiri Union, Trichy District, till the payment of Tax by the 4^th and 5^th respondent to Vengaimandalam Village Panchayat as per the Tamil Nadu Panchayat Act, 1994, within stipulated time fixed by this Court.

2. The crux of the contention made by the counsel for petitioner is that without getting permission and paying tax as per Sections 159 and 160 of the Tamil Nadu Panchayat Act, 1994, the respondents 4 and 5 are operating wind turbine generators. Since permission is required to be obtained as per Section 160 of the Act by the respondents 4 and 5 from the village panchayat concerned, the learned counsel prayed for issuance of a Mandamus as stated above.

3. Learned Government Pleader appearing for the 6^th respondent would state that the issue raised in this writ petition is no longer res integra, in view of the decision of this Court in Super Sales India Ltd., Coimbatore vs. The President Thappukundu Panchayat, Theni District and two others [W.P(MD)No.3789 of 2013, dated 12.02.2025], wherein, the First Bench of this Court while dealing with the applicability of Section 160 of the Tamil Nadu Panchayat Act, 1994, to the wind mills, has categorically held that the wind mills cannot be even termed 'machinery' or 'manufacturing plant' driven by any of the powers given in clause (a) of Section 160 of the Act and therefore, the provisions of Section 160 of the Act will not apply. The relevant passage of the said judgment is extracted hereunder:-

''16.Therefore, under Section 160 of the Act, no person is permitted to construct or establish any factory, workshop or work place, in which it is proposed to employ steam power, water power or other mechanical power or electrical power or install any premises any machinery or manufacturing plant driven by any power as aforesaid without permission of the Panchayat Union Council in panchayat villages. Under Clause (b), when it says 'as aforesaid', it would be 'powers' as in clause (a), namely, steam power, water power or other mechanical power or electrical power. Therefore, the Section is very clear that permission of Panchayat Union Council is required only when a person employ steam power, water power or other mechanical power or electrical power or installs any machinery or manufacturing plant driven by steam power, water power or other mechanical power or electrical power.

17.Therefore, even if a