Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 149489 (MAD)

M/s. JSW Renew Energy Limited v. The Executive Engineer

WP(MD)/18619/2025 · 2025-07-09

S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.18619 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.18619 of 2025 M/s.JSW Renew Energy Limited, Represented by its Manager, Siva Sankar L, JSW Centre, Bandra Kurla Complex, Bandra (East), Mumbai - 400 059. ... Petitioner Vs. The Executive Engineer, Water Resource Department (PWD), Amaravathi Basin Division, Karur District. ...Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to sanction permission / No Objection Certificate to the petitioner within a period to be stipulated by this Court to erect 11 electric poles and 33kv overhead transmission lines in S.F.No.1230 of Kodanthur Revenue Village (Moolathurai Nachipalayam Village), Aravakurichi Taluk, Karur District, as per G.O.(Ms)No.101, Water Resources (R2) Department, dated 30.09.2024, in the light of the petitioner's application / representation, dated 14.05.2025 and 04.12.2024, within a period that may be stipulated by this Court. For Petitioner : Mr.N.Dilipkumar For Respondent : Mr.M.Senthil Ayyanar Government Advocate For Intervenor : Mr.J.Madhu 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18619 of 2025 ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondent to sanction permission / No Objection Certificate to the petitioner within a period to be stipulated by this Court to erect 11 electric poles and 33kv overhead transmission lines in S.F.No.1230 of Kodanthur Revenue Village (Moolathurai Nachipalayam Village), Aravakurichi Taluk, Karur District, as per G.O.(Ms)No.101, Water Resources (R2) Department, dated 30.09.2024, in the light of the petitioner's application / representation, dated 14.05.2025 and 04.12.2024, within a period that may be stipulated by this Court. 2.The Learned Counsel appearing for the petitioner submitted that while they were intending to erect the poles, there was an objection from the local people, especially, from a person namely, Maiganamoorthi, who has filed a writ petition before this Court which was taken up as public interest litigation in W.P. (MD)No.31 of 2025 and the Honorable Division Bench of this Court has granted interim injunction, vide order, dated 03-01-2025 and the same is extracted here under: "There shall be an order of interim injunction. The grant of interim injunction will not come in the way of the authorities from considering the application submitted by R-6." 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18619 of 2025 3.On perusal of the above interim order, it is seen that the petitioner has not obtained any permission from the appropriate authorities. Hence, the Honorable Division Bench has granted interim injunction. However, it is clarified that the petitioner herein / 6 th respondent therein was permitted to obtain permission as per law. Therefore, now the petitioner has submitted the application to the appropriate authorities. In such circumstances, as per the order of the Hon'ble Division Bench, the authorities are bound to consider the petitioner's application as per law. 4.In the meanwhile, the intervenor Maiganamoorthi, who had filed the writ petition in W.P.(MD)No.31 of 2025 has submitted that the petitioner is intended to lay high-tension towers in the water body which is objectionable. 5.The intervenor Maiganamoorthi is not an expert in stating so, since he is only an agriculturist and he is not an expert in high-tension towers. Therefore, the intervenor Maiganamoorthi cannot have any say. The respondent is directed to consider the petitioner's applications / representations in accordance to law within a period of 4 weeks from the date of receipt of a copy of this order. While considering the application, the respondents shall take into consideration of the safety aspects also. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18619 of 2025 6.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To: The Executive Engineer, Water Resource Department (PWD), Amaravathi Basin Division, Karur District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.18619 of 2025 S.SRIMATHY , J. Tmg ORDER MADE IN W.P(MD)No.18619 of 2025 DATED :09.07.2025 5/5 https://www.mhc.tn.gov.in/judis