A. PALANISAMY Vs. THE CHIEF ENGINEER, NON

JUDGEMENT

(1.) The writ appeal is filed against the order dated 08.07.2014, made in W.P.No. 17902 of 2014.

(2.) The brief facts of the appellants' case in the writ petitions are as follows:- 2. 1. The appellant has been a resident of Suriyanallur Village, Dharapuram Taluk, Tiruppur District in S.F.No. 894/1, for more than 45 years. The appellant and his family members were engaged themselves in agricultural activities and residing in a hut house put up in the said land. He has also paid house tax. Since the said house was a hut, he applied for assistance under the scheme "Indira Memorial Housing Scheme" to convert his hut into a concrete house. Sanction was granted to the appellant by the District Collector, Tiruppur, in Na.Ka.No. 971/2010/A9 dated 25.08.2010. An allotment order was also issued to the appellant by the Block Development Officer on 31.08.2010. As per the condition stipulated in the allotment order, the appellant has to complete the construction of concrete house within a period of six months from the date of receipt of a copy of the order and accordingly, he has completed the construction within the stipulated period of time. 2. 2. During construction of the concrete house, the third respondent visited the adjacent land and conducted survey for the purpose of erection and installation of a New Wind Farm. When the same was questioned by the appellant, the authorities informed him that they would install the wind farm 200 meters away from the appellant's house. But, they have adhered to the words given by them. Hence, the appellant sent series of representations to the third respondent and finally he sent a representation on 10.09.2012 to the first respondent, raising objections against installation of wind farm as the mandatory distance of 129 meters was maintained from his house. 2. 3. The third respondent rejected the representation of the appellant vide letter dated 29.09.2012. The fourth respondent continued the erection of new wind farm in S.F.No. 903/4. Hence the appellant filed a writ petition before this Court in W.P.No. 4681 of 2013. The learned Single Judge disposed of the writ petition observing that the appellant only prayed for removing or altering the position of the Wind Electric Generator and he has challenged the rejection order passed by the third respondent dated 29.09.2012. Thereafter, the appellant challenged the rejection order of the third respondent dated 29.09.2012 in W.P.No. 17902 of 2014. After hearing the arguments of both sides, the learned Single Judge dismissed the writ petition by order dated 08.07.2014.

(3.) Aggrieved against the said order dated 08.07.2014 made in W.P.No. 17902 of 2014, the appellant has preferred the present writ appeal.