SUPER SALES INDIA LTD. Vs. PRESIDENT, THAPPUKUNDU PANCHAYAT

JUDGEMENT

(1.) The petitioner is engaged in the business of manufacture of yarn of various counts and gears for various industries and in the generation of energy from renewal and non-conventional sources such as wind energy. Petitioner decided to, in view of power shortage in State of Tamil Nadu at the relevant point of time, set up wind mills. The State Government also had supported permitting various measures for generation of power through non-conventional sources like wind mills. Petitioner had erected 69 wind mills in various villages in Tamil Nadu. One such mill is within the jurisdiction of 1 st respondent village panchayat, namely, Thappukundu Panchayat, Theni District.

(2.) Petitioner purchased a piece of land admeasuring 2 acres and 22 cents pursuant to a registered sale deed. Petitioner submitted a proposal to Tamil Nadu Electricity Board (hereinafter referred to as 'TNEB') for installation of one number of 1500 KW wind electric generator. TNEB classified wind electric generation as Group II project. TNEB also permitted wind electric generator to be tied with board's 22 KV Grid. Based on the sanction from TNEB, petitioner installed and commissioned a 1500 KW capacity wind electric generator over the said land. Electricity generated has been wheeled through TNEB grid and being sold to TANGEDCO under power purchase agreement.

(3.) Out of the blue, on 18/7/2012, petitioner was served with a notice, stating that