High Court · 2025

W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.10.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025AndW.M.P.Nos.29585, 25986 and 32906 of 2025 and W.M.P.(MD) Nos.13936 and 13939 of 2025Dalmia Bharat Sugar and Industries Limited'Dalmia Wind Farms'Represented by its Authorized SignatoryMr.R.DeepakMuppandal, Aralvaimozhi Post,Kanyakumari – 629 301.... Petitioner in W.P.23124/2025 Dalmia Bharat Sugar and Industries Limited'Dalmia Wind Farms'Represented by its Authorized SignatoryMr.R.DeepakMuppandal, Aralvaimozhi Post,Kanyakumari – 629 301.... Petitioner in W.P.(MD).18181/2025 Vs.1 THE PRINCIPAL SECRETARY TO THE GOVERNMENT (FAC) GOVERNMENT OF TAMIL NADU ENERGY (A1) DEPARTMENT2 THE CHIEF ENGINEER, NCES TAMIL NADU GREEN ENERGY CORPORATION LIMITED EASTERN WING, 2ND FLOOR, NPKRR MAALIGAI, 144, ANNA SALAI,1/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025 CHENNAI – 600 002.3 ASSISTANT EXECUTIVE ENGINEER TANTRANSCO, TRANSMISSION LINE CONSTRUCTION NAGERCOIL – 629 003.4 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMNET, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI 600 009.5 TAMILNADU GREEN ENERGY CORPORATION LTD., REPRESENTED BY CHAIRMAN, 7TH FLOOR, NPKRR MAALIGAI, 144, ANNA SALAI, CHENNAI – 600 002.(R4 and R5 are impleaded as per order dated 22.09.2025 in WMP.40756/2025 in WP.23124/2025 by MDIJ) ... Respondents in W.P.23124/2025 1 THE PRINCIPAL SECRETARY GOVERNMENT OF TAMIL NADU ENERGY DEPARTMENT, CHENNAI.2 THE CHIEF ENGINEER, NCES TAMIL NADU GREEN ENERGY CORPORATION LIMITED EASTERN WING, 2ND FLOOR, NPKRR MAALIGAI, 144, ANNA SALAI, CHENNAI – 600 002.3 ASSISTANT EXECUTIVE ENGINEER TANTRANSCO, TRANSMISSION LINE CONSTRUCTION NAGERCOIL – 629 003.2/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 20254 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMNET, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI 600 009.5 TAMILNADU GREEN ENERGY CORPORATION LTD., REPRESENTED BY CHAIRMAN, 7TH FLOOR, NPKRR MAALIGAI, 144, ANNA SALAI, CHENNAI – 600 002.(R4 and R5 are impleaded as per order dated 22.09.2025 in WMP.40803/2025 in WP.(MD).18181/2025 by MDIJ) ... Respondents in W.P.(MD).18181/2025 Prayer in W.P.No.23124 of 2025:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus and call for the records of the first respondent in G.O.(Ms)No.71 dated 07.11.2020 more particularly S.No.8 of the annexure to the said G.O. relating to erection of 110 KV SC with 3 nos 110 KV DC towers with the petitioner's wind farm site at Aralvaimozhi village and quash the same and consequently direct the respondents to consider afresh an alternate alignment of the proposed 110 KV EHT line, after granting the petitioner a fair opportunity of being heard.Prayer in W.P.(MD) No.18181 of 2025:Petition filed under Article 226 of the Constitution of India to 3/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025issue a Writ of Certiorari by calling for the records of the third respondent in Letter No.AEE/TLC/NGL/F.Muppandal/D.No.105/2024 dated 15.11.2024 to erect 110 KV SC with 3 nos 110 KV DC towers within the petitioner's wind farm site at Aralvaimozhi village and quash the same.For Petitioner : Mr.N.L.Rajah Senior Counsel For Respondents: Mr.A.M.Ayyadurai for R1 Government Advocate Mr.P.S.Raman for R2 and R3 Advocate General Assisted By Mr.D.R.Arun Kumar Standing Counsel C O M M O N O R D E RW.P.No.23124 of 2025 has been filed seeking issuance of a Writ of Certiorarified Mandamus and call for the records of the first respondent in G.O.(Ms)No.71 dated 07.11.2020 more particularly S.No.8 of the annexure to the said G.O. relating to erection of 110 KV SC with 3 nos 110 KV DC towers with the petitioner's wind farm site at Aralvaimozhi village and quash the same and consequently direct the respondents to consider afresh an alternate alignment of the proposed 110 KV EHT line, after granting the petitioner a fair opportunity of being heard.4/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 20252.W.P.(MD) No.18181 of 2025 has been filed seeking issuance of a Writ of Certiorari by calling for the records of the third respondent in LetterNo.AEE/TLC/NGL/F.Muppandal/D.No.105/2024 dated 15.11.2024 to erect 110 KV SC with 3 nos 110 KV DC towers within the petitioner's wind farm site at Aralvaimozhi village and quash the same.3.Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order. 4.The learned Senior Counsel appearing for the petitioner submitted that the petitioner is doing their wind energy business under the name and style of 'Dalmia Wind Farms' at Muppandal, Aralvaimozhi Post, Kanyakumari – 629 301 and the petitioner operates 40 wind energy generators, generating an average of approximately 190 lakh units of electricity annually. Whileso, the Government issued G.O.(Ms) No.71 dated 07.11.2020 approving proposal for erection of 110 KV single circuit line on double circuit towers with Panther conductor from the proposed Muppandal 230 KV substation to Aralvaimozhi 110 KV substation and the said Government Order was issued without providing any opportunity to the petitioner which is 5/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025clear violation of Section 68(3) of the Electricity Act, 2003. However, the main grievance of the petitioner is that if the Extra High Tension line is installed over the petitioner's land it would result in permanent impairment of the petitioner's wind farm layout, thereby rendering it impossible to reconfigure or optimize turbine placement in accordance with the technical norms mandated under the Tamil Nadu Repowering, Refurbishing and Life Extension Policy for Wind Projects, 2024.5.The learned Senior Counsel appearing for the petitioner further submitted that the respondents 2 and 3 have filed affidavit, wherein, in paragraph no.25 it is specifically stated that the proposed 110KV line which connects to the existing Aralvaimozhi SS, does not in any manner obstruct or interfere with the repowering potential of the petitioner's wind generator. Hence, this Court may without going into the merits of the case, close the writ petitions by recording paragraph no.25 of the affidavit filed by the respondents 2 and 3.6.Heard the arguments advanced on either side and perused the materials available on record.7.The grievance of the petitioner is that if the Extra High Tension 6/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025line is installed over the petitioner's land it would result in permanent impairment of the petitioner's wind farm layout, thereby rendering it impossible to reconfigure or optimize turbine placement in accordance with the technical norms mandated under the Tamil Nadu Repowering, Refurbishing and Life Extension Policy for Wind Projects, 2024. 8.It is useful to extract hereunder paragraph no.25 of the common affidavit filed by the respondents 2 and 3:“25.I respectfully submit that the proposed 110KV line, which connects to the existing Aralvaimozhi SS, does not in any manner obstruct or interfere with the repowering potential of the petitioner's existing wind generator. The fall-in distance from the new line is 10 meters away from the existing line, resulting in a cumulative distance of 35 meters from the nearest wind generator, which is within the permissible clearance norms and does not impact technical feasibility.”9.Since the respondents 2 and 3 have specifically stated in the affidavit filed by them that the proposed 110KV line which connects to the existing Aralvaimozhi SS, does not in any manner obstruct or 7/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025interfere with the repowering potential of the petitioner's wind generator, with the above said observation, these writ petitions stand disposed of. 10.The writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 13.10.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1 THE PRINCIPAL SECRETARY TO THE GOVERNMENT (FAC) GOVERNMENT OF TAMIL NADU ENERGY (A1) DEPARTMENT2 THE CHIEF ENGINEER, NCES TAMIL NADU GREEN ENERGY CORPORATION LIMITED EASTERN WING, 2ND FLOOR, NPKRR MAALIGAI, 144, ANNA SALAI, CHENNAI – 600 002.3 ASSISTANT EXECUTIVE ENGINEER TANTRANSCO, TRANSMISSION LINE CONSTRUCTION NAGERCOIL – 629 003.4 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMNET, GOVERNMENT OF TAMILNADU,8/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025 SECRETARIAT, CHENNAI 600 009.5 TAMILNADU GREEN ENERGY CORPORATION LTD., REPRESENTED BY CHAIRMAN, 7TH FLOOR, NPKRR MAALIGAI, 144, ANNA SALAI, CHENNAI – 600 002. 6 THE PRINCIPAL SECRETARY GOVERNMENT OF TAMIL NADU ENERGY DEPARTMENT, CHENNAI.9/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025M.DHANDAPANI,J.priW.P.No.23124 of 2025 and W.P.(MD) No.18181 of 2025AndW.M.P.Nos.29585, 25986 and 32906 of 2025 and W.M.P.(MD) Nos.13936 and 13939 of 202510/10 https://www.mhc.tn.gov.in/judis W.P.No.23124 of 2025 and W.P.(MD) No.18181 of 202513.10.202511/10