1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.1578 of 2011 and M.P.(MD).No.2 of 2011 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Energy Department, Secretariat, Chennai - 600 009. 2.The District Collector, Tirunelveli District, Tirunelveli. ... Appellants/Respondents Vs. M/s.Beta Wind Farms Private Limited, rep. by its Authorised Signatory, J.Sriram, 3rd Floor, Egmore Benefit Fund Building, No.25, Flowers Road, Kilpauk, Chennai-600 010. ... Respondent/Petitioner Writ Appeal is filed under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 24.08.2011, made in W.P.(MD) No.3544 of 2011. Prayer in WP(MD)No.3544 of 2011 : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the order No.A3/2409/2010 dated 14.07.2011 passed by the second respondent and quash the same and consequently, direct the respondents to grant permission to the petitioner to erect and commission the wind mill at a distance of 3.5 kms from the Koodankulam Nuclear Power Plant at Koodankulam, at Vijayapatti and at Irukkanthurai village in Radhapuram Taluk, Tirunelveli District. For Appellants : Mr.K.Mahendran, Special Government Pleader For Respondent : Mr.A.Thirumurthy JUDGMENT (Judgment of the Court was made by K.N.BASHA, J) The appellant has come forward with this writ appeal, challenging the order of the writ Court, dated 24.08.2011, made in W.P. (MD).No.3544 of 2011, allowing the writ petition and setting aside the impugned order passed by the second appellant viz., the District Collector, dated 14.07.2011 and remanding the matter for reconsideration, on merits and in accordance with law, after affording opportunity to the respondent herein within a stipulated period. https://hcservices.ecourts.gov.in/hcservices/ 2 2.By mutual consent of Mr.K.Mahendran, learned Special Government Pleader appearing for the appellants and Mr.A.Thirumurthy, learned counsel appearing for the respondent, the writ appeal itself is taken up for final disposal, at the stage of admission itself. 3.The learned Special Government Pleader would contend that the order passed by the writ Court is not sustainable in law. It is contended that the writ Court failed to consider the clause 2 of the G.O.Ms.No.829, Public Works Department, dated 29.04.1991, stating that the transfer of agricultural land to non agricultural purpose should not be permitted. It is further contended that the communication of the Principal Secretary to Government, Energy Department, Chennai, dated 06.09.2010, to the second appellant, is only a correspondence in nature and as such, the same is not having any binding effect on the second appellant. Therefore, it is contended that the writ Court ought not to have set side the impugned order and remanded the matter for reconsideration. The learned Special Government Pleader would further submit that the communication sent by the Principal Secretary is only issued subsequent to the passing of the impugned order, dated 14.07.2011, as the said communication was sent only on 19.07.2011. 4.Per contra, Mr.A.Thirumurthy, learned counsel appearing for the respondent would submit that there is no illegality and infirmity in the order passed by the writ Court. It is contended that the writ Court has rightly set aside the impugned order passed by the District Collector, as the District Collector failed to consider the order passed by the Principal Secretary to Government, as per his communication dated 19.07.2011, addressed to the District Collector, Tirunelveli. It is submitted that the writ Court further held that there is a clear omission on the part of the District Collector to consider the relevant fact which is the mandate of the Government Order. It is contended by the learned counsel for the respondent that by way of remanding the matter for reconsideration, the appellants are not going to be prejudiced. 5.We have given our careful and anxious consideration to the rival contentions put forward by either side and perused the entire materials available on record, including the impugned order passed by the second appellant herein, dated 14.07.2011 and the order passed by the writ Court, dated 24.08.2011 in W.P.(MD).No.3544 of 2011. 6.At the outset, it is to be stated that the writ Court has taken note of a communication sent by the Principal Secretary to Government, dated 19.07.2011, addressed to the District Collector, Tirunelveli, viz., the second appellant herein requesting him to consider the report of the Koodankulam Project Local Committee and follow the procedures laid down in G.O.Ms.No.829, Public Works Department, dated 29.04.1991. It is also pointed out by the writ Court that subsequent events can be taken into consideration, if it is relevant to the issue or point involved in a matter, as per the decisions of the Hon'ble Apex Court. Therefore, the writ Court was thought it fit to remand the matter for reconsideration, on the basis of the subsequent communication sent by the Principal Secretary to Government, dated 19.07.2011 and accordingly, set aside the impugned order dated 14.07.2011, passed by the second appellant herein and remanded the matter for reconsideration on merits and in accordance with law, after affording opportunity of personal https://hcservices.ecourts.gov.in/hcservices/ 3 hearing to the respondent herein, within a period of eight weeks from the date of receipt of a copy of this order. Such being the position, this Court is of the view that no prejudice would be caused to the appellants herein, as the matter is remanded only for fresh consideration. 7.In the result, we are of the view that no ground is made out warranting interference of this Court in the order passed by the writ Court and accordingly, the writ appeal is hereby dismissed. Consequently, connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar To 1.The Principal Secretary, The Government of Tamil Nadu, Energy Department, Secretariat, Chennai - 600 009. 2.The District Collector, Tirunelveli District, Tirunelveli. +1CC TO MR.A.THIRUMURTHY, ADVOCATE SR : 45396 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 45938 Gcg SR : 18.01.2012 : 3p/5c Judgment In W.A.(MD)No.1578 of 2011 Dated: 22.12.2011 https://hcservices.ecourts.gov.in/hcservices/