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CDJ 2026 MHC 3247 print Preview print print
Court : High Court of Judicature at Madras
Case No : W.P. Crl. No. 981 of 2026
Judges: THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR
Parties : Vinodha Green Energy LLP, Rep by its Designated Partner, N.Udayakumar, Vellore Versus The District Collector, Tirupathur & Others
Appearing Advocates : For the Petitioner: Ravikumar Paul for M/s. Paul & Paul, Advocates. For the Respondents: R3 & R4, L. Baskaran, Government Advocate (Crl. Side) Assisted by T. Harshana, Advocate.
Date of Judgment : 27-04-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ, Order or Direction and more particularly a Writ in the nature of Mandamus directing the 3rd & 4th respondents to provide adequate Police protection to the petitioner to move their men and materials and install and run the operation of the solar project and transmit the power to the designated sub-station and carry out any such other activities in connection with the same as and when necessary.)

1. The petitioner viz., M/s.Vinodha Green Energy LLP, a green energy concern, after obtaining permission and license, was in the process of establishing 3-megawatt solar plant at Tirupattur to generate power and transmit it from the site at Nellikollai to Mittur Substation of TNEB. At this juncture, a false information spread as though the installation of solar panel would affect the green field and environment of the villages. This was propagated by the vested interest people with ulterior motive, taking advantage of the illiteracy and gullibility of the villagers and thereby not allowed the trucks to unload the equipments transported to the site and created unnecessary obstruction to the petitioner’s business, which affects the fundamental right guaranteed under Article 19(1)(g) of Constitution of India. In this regard, the petitioner sent a representation to the respondents 3 and 4 seeking Police protection, but the respondents 3 and 4 were deflecting their responsibility. Hence, the present petition filed.

2. Learned Senior Counsel appearing for the petitioner submitted that the petitioner, an establishing concern, is promoting green energy as part of the initiative of the Central and State Governments. In order to achieve its objective, the petitioner company entered into a Land Lease Agreement vide registered document No.338 of 2026 for a period of 25 years in Neelikollai to establish a 3-megawatt solar plant at Tirupattur to generate power and transmit it from the site at Nellikollai to Mittur Substation of TNEB. The petitioner obtained necessary permission by paying required fees and got approval. The petitioner submitted letter dated 11.12.2025 for installation of solar panel at the site and also sent a letter dated 04.02.2026 proposing to conduct load flow study for the connectivity of the proposed solar power plant. The permission was accorded on 25.02.2026 vide Lr.No.SE/TEDC/TPR/AEE/CIVIL/TPR/F.Doc/D.No.254/2025-26 by the Superintending Engineer, TEDC, Tirupattur to install solar power plant and to connect the same to Mittur Substation on condition that all expenditure is borne by the petitioner. The Director/Planning & Regulatory granted approval and permission on 26.03.2026. The petitioner commenced the work by setting the bay area/metering area in substation and set up a dedicated line from the site to the substation metering yard. The solar power project comes under the white category and it involves only installation of solar panels and wires for generations and transmission of power. The solar power plant is a green energy project which is operating in all over the country and other parts of the world. Further there is no requirement to avail NOC from the Pollution Control Board. This being so, few antisocial elements are misleading the local villagers propagating that installation of solar panels would cause cancer, affects human health, creates scarcity in the ground water level, affects animal and plant and also increase the temperature and affect the pregnancy rates. Furtherance to false propagation, the local villagers sent a complaint on 18.02.2026 to the Assistant Executive Engineer, TNEB with a request to close the project of the petitioner’s company. On 09.03.2026 the trucks carrying materials from Pune reached the site, at that time, the miscreants prevented the staff from unloading the materials by instigating the villagers and totally five trucks forcibly detained at the site without unloading the materials. All attempts to unload the materials prevented by unruly mob and they also threatened employees.

3. Learned Senior Counsel further submitted that the petitioner’s company representative and villagers summoned by the 2nd respondent viz., Revenue Divisional Officer to attend the peace committee meeting on 09.03.2026 to resolve the dispute. The petitioner’s company was asked to submit the approval and permission obtained from the authorities on the next day of meeting fixed on 11.03.2026. On that day, the petitioner’s company submitted all documents. Again the 2nd respondent summoned the parties to attend the meeting on 01.04.2026 but the opposite parties not turned up. On 04.06.2026, the petitioner called to appear for enquiry, but the letter reached at the last minute, hence, the petitioner’s company representative could not attend the meeting.

4. He further submitted that the petitioner’s company approached the respondents 3 and 4 vide letter dated 28.03.2026 seeking Police protection to unload the materials from the trucks to complete the project and also to protect the staffs and property from the miscreants which is still pending. The Government of Tamil Nadu brought a policy viz., “Tamil Nadu Solar Energy Policy 2019” with an aim to promote solar energy/green energy to reduce dependence of fossil energy which is consonance with the Directive Principle of the State Policy enshrined in Article 48A of the Constitution of India. The false propagation made by the vested interest people cleared. The representative of the petitioner’s company, the concerned officials from all the Departments and Revenue Divisional Officer explained to villagers, that the fear and objections raised are uncalled for imaginary against the scientific and proved principles. He further submitted that the petitioner obtained a loan of Rs.11 Crores for executing this project and is paying huge monthly interest. The illegal obstruction created in putting up the solar plants despite the petitioner having obtained all necessary permissions and licenses, resulted in a delay in the implementation of the project. Further the petitioner is loaded with additional burden on the financial side. The scheduled completion of the project as well as the expected date of commencement of electricity production, severely affected. As a result, the petitioner’s company is now on the verge of financial breakdown. In view of the above, the petitioner seeks appropriate Police protection to unload the materials from the trucks and continue with the project work without any hindrance. In support of his submissions, learned Senior Counsel filed typed set confirming the lease of the property, getting permission from the concerned Departments, the peace committee meetings held by the Revenue Divisional Officer and photographs showing the work in progress for installation of the solar panels, transformers and detention of loaded trucks with materials.

5. Learned Government Advocate (Crl. Side) appearing for the respondents 3 and 4 filed the report of the 4th respondent Police stating that there was 60 acres of land belonging to one Nanjundappa of Hosur and for installation of rice mill and energy required for the rice mill, he took steps to install the solar panels. The local villagers made objection and gave representation to the 1st respondent which was enquired by the 2nd respondent by calling upon the representative of the petitioner’s company and the villagers. The 2nd respondent held a peace committee meeting on 31.03.2026, 01.04.2026 and 05.04.2026. The Deputy Superintendent of Police, Officials of Pollution Control Board all participated. One Manjunathan on behalf of the petitioner’s company was directed to produce all the documents and NOC from all departments. Thereafter, again on 11.04.2026, when the work in the site was in progress, the villagers held protest which was enquired in petition No.981 of 2026. Once the enquiry is completed, appropriate steps would be taken by the respondents 3 and 4.

6. Considering the submissions and on perusal of the materials, it is seen that the petitioner, establishing concern, is promoting green energy as part of the initiative of the Central and State Governments. In order to achieve its objective, the petitioner company entered into a Land Lease Agreement vide registered document No.338 of 2026 for a period of 25 years in Neelikollai to establish a 3-megawatt solar plant at Tirupattur to generate power and transmit it from the site at Nellikollai to Mittur Substation of TNEB. The Tamil Nadu Power Distribution Corporation Limited and concerned authorities viz., Superintending Engineer, TEDC, Tirupattur; the Director, Planning and Regulatory all approved and gave necessary permission for the petitioner M/s.Vinodha Green Energy LLP to generate power and transmit it from the site at Neelikollai to Mittur Substation of the TNEB. These approvals granted only after studying the viability of the project taking into the environmental pollution aspects. It is a green energy project and there is no environmental implications. The petitioner took loan of Rs.11 Crores to execute the project.

7. The petitioner on 11.03.2026 submitted all the requisite documents, permission obtained including the Tamil Nadu Pollution Control Board. Scanned reproduction of the letter given to the 2nd respondent along with the approval documents, is as follows:

                  

                  

8. Thus, the petitioner obtained all requisite permission from the concerned departments and then only executed the project. The apprehension of the villagers at the instant of vested interest people are imaginary and the objections are not sustainable. Any obstruction for execution of the project would amount to denial of the petitioner’s fundamental right guaranteed under Article 19(1)(g) of Constitution of India.

9. In view of the above, this Court directs all the respondents to ensure the completion of project, provide adequate Police protection to the petitioner enabling him to unload the materials from the truck and to continue with the project work as planned.

10. Accordingly, this Writ Petition Criminal is disposed of. No costs.

 
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