(1.) 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, dtd. 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 windmill and the documents that have to be submitted for obtaining such license. The second respondent has further laid down procedure for grant of permission or license by Panchayat Union and fixed the charges to be levied by the said Panchayat Union. Thereafter, the second respondent has proceeded to direct levying of professional tax from the employees of the windmills.
(3.) According to the learned Counsel for the petitioner, rule making power is vested with the State Government as contemplated under Ses. 161 of the Act. The District Collector does not have any authority or power to lay elaborate guidelines in connection with Ses. 159 or 160 of Tamil Nadu Panchayat Act and hence, the entire proceedings of the second respondent is without jurisdiction. Hence, the present writ petition.