W.P(MD)No.19225 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.19225 of 2026 and WMP (MD) No.14224 of 2026 A.Manikandasamy ... Petitioner Vs 1. The Chief Engineer, Non-Conventional Energy Sources, Tamilnadu Green Energy Corporation, Anna Salai, Chennai - 600 002. 2. The Superintending Engineer, Non-Conventional Energy Sources, Tamilnadu Green Energy Corporation, Maharaja Nagar, Tirunelveli.. 3. Lavender Eco Power Private Limited, Represented by its Manager, 4th Floor Caledon Square, Avinashi Road, Peelamedu, Coimbatore - 641 004.. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 4. State of Tamilnadu Rep. by the Inspector of Police, Puliyampatti Police Station, Thoothukudi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the 3rd respondent wind mill tower which is erected in Survey No. 243/11 and which is situated at Poovani Village, Srivaigundam Taluk, Thoothukudi District based on the petitioner representation dated 17.06.2026. For Petitioner : Mr. A.D.Ganeshamoorthi For Respondents : Mr.S.Deenadhayalan (R1 & R2) Standing Counsel Mr.M.P.Dhamodharan (R3) : Mr.R.Mohamed Riyaz (R4) Government Advocate (Criminal Side) O R D E R This Writ Petition has been filed seeking the issuance of a writ of Mandamus directing the respondents 1 and 2 to remove the third respondent's wind mill tower which is erected in Survey No.243/11 and which is situated at Poovani Village, Srivaigundam Taluk, Thoothukudi District, based on the petitioner's representation dated 17.06.2026. 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 2.Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3. The petitioner claims that his family owns agricultural lands comprised in Survey Nos. 243/1, 243/2, 243/3, 242/1, 242/2 and 243/8, which were purchased from the petitioner’s father under a registered Sale Deed dated 15.12.2011. It is submitted that the third respondent Company had earlier purchased about 7.5 acres of land situated on the southern side of the petitioner’s property for the purpose of establishing a windmill. While so, though the windmill was proposed to be erected in Survey No. 243/11, which belongs to the third respondent, the erection of the windmill has adversely affected the petitioner’s adjacent agricultural lands and peaceful enjoyment thereof. The learned counsel would further submit that the officials of the third respondent Company, along with certain anti-social elements, unlawfully trespassed into the petitioner’s property, intimidated and assaulted the petitioner and his family members by referring to their caste. Consequently, the petitioner lodged a complaint before the jurisdictional police on 03.12.2025. It is further submitted 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 that, due to the humiliation caused by the acts of the third respondent and its men, the petitioner’s father consumed poison and died on 05.12.2025 at the Government Hospital, Tirunelveli. Thereafter, an FIR came to be registered in Crime No.152 of 2025 and a counter case in Crime No.155 of 2025. However, according to the petitioner, no effective investigation has been conducted and no accused has been arrested till date. Hence, the present writ petition has been filed seeking a direction to the respondents to remove the windmill erected in Survey No.243/11, situated at Poovani Village. 4. Per contra, the learned counsel appearing for the third respondent would submit that Survey No. 243/11 absolutely belongs to the third respondent Company, having been purchased from the petitioner’s father for valuable sale consideration. The petitioner has no manner of right, title or interest over the said survey number. The petitioner’s lands are situated only adjacent to the property of the third respondent. It is further submitted that the petitioner is a real estate broker and has been repeatedly interfering with the business activities of the third respondent Company with an intention to extract money. Earlier disputes between the parties were amicably settled under a Memorandum of Understanding dated 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 13.03.2026, under which the petitioner received a sum of Rs.30,00,000/-. Under Clauses 4 and 5 of the Memorandum of Understanding, the petitioner specifically undertook that he would not interfere with the possession and business activities of the third respondent and would not initiate any criminal or civil proceedings against the Company. In violation of the said undertaking, the present writ petition has been filed only to harass the third respondent and to extract further money. Since the windmill has been erected in the land lawfully owned by the third respondent, the relief sought is wholly misconceived. Accordingly, learned counsel prayed for dismissal of the writ petition. 5. The learned Standing Counsel appearing for the Electricity Board would submit that, after examining the technical feasibility and satisfying all statutory requirements, permission was granted to the third respondent for erection of the windmill. Without challenging the order granting such permission, the petitioner cannot maintain the present writ petition seeking a writ of mandamus for removal of the windmill. Accordingly, he prayed for dismissal of the writ petition. 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 6. Considering the rival submissions and the materials placed on record, this Court is of the view that the petitioner has not made out any case for issuance of a writ of mandamus. The windmill has been erected in Survey No. 243/11, which admittedly belongs to the third respondent and the petitioner has not challenged the statutory permission granted by the Electricity Board. In such circumstances, no interference is warranted by this Court. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 09.07.2026 NCC : Yes / No Index : Yes / No PKN 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 To 1. The Chief Engineer, Non-Conventional Energy Sources, Tamilnadu Green Energy Corporation, Anna Salai, Chennai - 600 002. 2. The Superintending Engineer, Non-Conventional Energy Sources, Tamilnadu Green Energy Corporation, Maharaja Nagar, Tirunelveli. 3.State of Tamilnadu Rep. by the Inspector of Police, Puliyampatti Police Station, Thoothukudi District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.19225 of 2026 M.DHANDAPANI, J. PKN W.P(MD)No.19225 of 2026 09.07.2026 8/8 https://www.mhc.tn.gov.in/judis