M/S.Nippo Green Energy Private vs The District Collector
2025 Latest Caselaw 6745 Mad

Citation : 2025 Latest Caselaw 6745 Mad
Judgement Date : 4 September, 2025

Madras High Court

M/S.Nippo Green Energy Private vs The District Collector on 4 September, 2025

Author: N.Sathish Kumar

Bench: N. Sathish Kumar

                                                                                       WP Crl. No. 742 of 2025



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 04-09-2025

                                                         CORAM

                            THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

                                             WP Crl. No. 742 of 2025

                1. M/s.Nippo Green Energy Private
                Limited
                Represented by D.Arumugam, M/A.45
                years Authorized Representative,
                No.77, PottiPatti Plaza, 3rd Floor,
                Nungambakam High Road,
                Nungambakkam, Chennai - 600 034.
                                                                                       Petitioner(s)

                                                              Vs

                1. The District Collector
                Mayiladuthurai District, Mayiladuthurai
                - 609 001.

                2.The Superintendent of Police,
                District Police Office, Mayiladuthurai
                District - 609 001.

                3.The Deputy Superintendent of Police,
                Sirkazhi, Mayiladuthurai District - 609
                110.

                4.The Revenue Divisional Officer,
                Sirkazhi, Mayiladuthurai District - 609
                111.



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 11/09/2025 11:46:04 am )
                                                                                          WP Crl. No. 742 of 2025



                5.The Inspector of Police,
                Thiruvenkadu Police Station, Sirkali,
                Mayiladuthurai District - 609 114.
                                                                                          Respondent(s)


                PRAYER : Writ Petition filed under Article 226 of the Constitution of India to

                direct the respondents herein to provide police protection to the petitioner for

                the purpose of installation, erection and commissioning of Solar Power Plant on

                the project site of the petitioner at Perunthottam Village, Sirkazhi Taluk,

                Mayiladuthurai District by considering the representation of the petitioner dated

                15.04.2025 and pass such further or other orders as this Honble Court.



                                  For Appellant(s):       Mr.A.Nagarajan


                                  For Respondents:         Mr.R.Vinodhraja,
                                                          Government Advocate [Crl.Side]


                                                            ORDER

This Writ Petition has been filed to direct the respondents herein to

provide police protection to the petitioner for the purpose of installation,

erection and commissioning of Solar Power Plant on the project site of the

petitioner at Perunthottam Village, Sirkazhi Taluk, Mayiladuthurai District by

considering the representation of the petitioner dated 15.04.2025.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/09/2025 11:46:04 am )

2. The case of the petitioner is that the subject property at Perunthottam

Village, Sirkazhi Taluk, Mayiladuthurai District was taken on lease for 25 years

by the petitioner company from M/s.Indo National Limited for erection of a

Solar Power Plant. The subject property was duly surveyed and approved by

the appropriate authority concerned. Already, the Tamilnadu General and

Distribution Corporation Ltd. haf granted permission to the petitioner for

installation of Solar Power Plant vide their letter dated 18.06.2024.

2. Heard the learned counsel appearing for the petitioner and the learned

Government Advocate [Criminal Side] appearing for the respondents

3. It is the contention of the learned counsel for the petitioner that when

the petitioner attempted to erect the solar power plant, the residents of the area

came to the spot and started causing hindrance to the company officials from

carrying out the construction work. The petitioner also gave a representation to

the respondent Police to provide them with protection. However, the respondent

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/09/2025 11:46:04 am )

Police had not acted upon the said complaint and therefore, the present Writ

Petition has been filed.

5. The learned counsel appearing for the petitioner would submit that the

issue involved in this Writ Petition is covered by the earlier Judgments of this

Court. The learned counsel brought to the notice of this Court the order passed

by this Court in Crl.O.P.No.16618 of 2018, in similar circumstances, this Court

pass the following Order :

“2.The learned counsel for the petitioner would submit that

the petitioner's company had the contract agreement for installation

of cell phone tower with M/s.Indus Towers Limited, a company

registered under the provisions of Indian Companies Act, 1956. It is

further submitted by the learned counsel for the petitioner that

whenever the petitioner's company attempted to erect transmission

cell phone tower, publics are causing interference. The learned

counsel for the petitioner also submitted that by order dated

05.03.2015, the Honourable First Bench of this Court, in

W.P.Nos.24976 of 2008 and etc., batch, held that because of the

advancement in the science, no one has prevented to erect cell

phone towers. It is also submitted that the petitioner has given a

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/09/2025 11:46:04 am )

complaint dated 24.02.2016 to the first respondent police seeking

police protection, for which C.S.R.No.42 of 2016 and since the same

has not been considered so far, he has come up with the present

petition for the relief stated supra.

3.Heard the learned Additional Public Prosecutor appearing

for the respondent.

4.Considering the facts and circumstances of the case, the

petitioner is directed to send a fresh representation to the

respondent and on receipt of the same, the respondent is directed to

consider the representation to be submitted by the petitioner and

pass appropriate orders on merits and in accordance with law,

within a period of one week from the date of receipt of copy of this

order.

5.With the above directions, this Criminal Original Petition is

disposed of.”

7. This Court has consistently taken the view that no one can be prevented

from erecting the solar power plants on a mere apprehension that it would

pollute the land or atmosphere. The apprehension does not have a scientific

backing. Till a positive finding is given in this regard, solar power plants cannot

be prevented to be installed on mere apprehensions.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/09/2025 11:46:04 am )

8. Considering the above facts and circumstances, there shall be a

direction to the respondents to consider the representation of the petitioner and

to provide police protection to the petitioner for erection of the solar power

plant. The respondents shall also ensure that the entire process goes on in a

smooth manner, without giving raise to any law and order problem.

With the above direction, this Writ Petition is disposed of.

04-09-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

vrc

1.The District Collector Mayiladuthurai District, Mayiladuthurai

- 609 001.