KAVITHA DYEINGS Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made in letter. No. EE/wfb/tin/dm/doc M/s. Kavitha Dyeings, D/837/05, dated 22. 8. 2005, passed by the third respondent and quash the same and consequently forbear the respondents 1 to 3 from sanctioning or approving or permitting the proposal of the fourth respondent to erect wind mill in Survey No. 774/1b1 Eastern side and Survey Nos. 789/1-A2,a3 and A4 Pazhvoor Village, Radhapuram, Tirunelveli District. This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made in letter. No. SE/nces/ee/wpp/a1/f M/s. P. S. P. Farms (P) Ltd. , WF/r. 04707/d. 806/2005, dated 14. 9. 2005, passed by the second respondent and quash the same and consequently forbear the fourth respondent from erecting a wind mill in Survey Nos. 789/1a2 (P) 1a3, 1a4, 1a5 (P) and 1a6 (P) Pazhvoor Village, Radhapuram Taluk, Tirunelveli District. This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made in letter. No. SE/nces/ee/wpp/a1/f. M/s. P. S. P. Farms (P) Ltd. , WF/r. 053 44/d. 808/2005, dated 14. 9. 2005, passed by the second respondent and quash the same and consequently forbear the fourth respondent from erecting a wind mill in Survey Nos. 774/1b1 Eastern side, Pazhvoor Village, Radhapuram Taluk, Tirunelveli District.)This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made in letter. No. EE/wfb/tin/dm/doc M/s. Kavitha Dyeings, D/837/05, dated 22. 8. 2005, passed by the third respondent and quash the same and consequently forbear respondents 1 to 3 from sanctioning or approving or permitting the proposal of the fourth respondent to erect Wind Mill in Survey No. 774/1b1 Eastern side and Survey Nos. 789/1-A2,a3 and A4 Pazhvoor Village, Radhapuram, Tirunelveli District. This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made in letter. No. SE/nces/ee/wpp/a1/f M/s. P. S. P. Farms (P) Ltd. , WF/r. 04707/d. 806/2005, dated 14. 9. 2005, passed by the second respondent and quash the same and consequently forbear the fourth respondent from erecting a wind mill in Survey Nos. 789/1a2 (P) 1a3, 1a4, 1a5 (P) and 1a6 (P) Pazhvoor Village, Radhapuram Taluk, Tirunelveli District. This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned order made in letter. No. SE/nces/ee/wpp/a1/f. M/s. P. S. P. Farms (P) Ltd. , WF/r. 05344/d. 808/2005, dated 14. 9. 2005, passed by the second respondent and quash the same and consequently forbear the fourth respondent from erecting a wind mill in Survey Nos. 774/1b1 Eastern side, Pazhvoor Village, Radhapuram Taluk, Tirunelveli District.

(2.) THESE writ petitions have been filed by one Mr. K. Subramanian, proprietor of M/s. Kavitha Dyeings. All the three writ petitions have been taken up together for final hearing by the consent of the counsels as they involve common issues.

(3.) IT is the case of the petitioner that he is the absolute owner and that he is in possession and enjoyment of the vacant land comprised in Survey No. 774/1b1, Pazhvoor, Radhapuram Taluk, Tirunelveli District. The said land was purchased by the petitioner under the sale deed, dated 21. 4. 2005, for the purpose of installation of a Wind Mill for generation of electricity. Thereafter, the petitioner had applied for permission and approval through his application, dated 22. 4. 2005. The said application was registered in Ref. No. CE/nces and R and DSM/ WEG No. 45 (T)/2005-2006, dated 25. 4. 2005. Apart from the registration fee of Rs. 1,000/- and consultancy charges of Rs. 10,000/-, the petitioner has also paid a sum of Rs. 5,80,000/-, on 25. 7. 2005, in P. R. No. 1073 41, towards infrastructure development charges.