MADURAI: The Madurai Bench of Madras High Court recently advised the State government to frame rules with regard to granting permission for installing cell phone towers, windmills and solar power plants in panchayat areas and to collect property tax from firms. This will augment the income of the panchayats and panchayat unions, it said.
“Even though Section 161 of the TN Panchayat Act, 1994, empowers the government to frame rules for permitting construction of factories and installation of machinery, so far the State has not taken any efforts to frame such rules,” Justice R Vijayakumar observed. Citing the installation of various mobile phone towers, windmills and solar power plants throughout the State, the judge suggested now is the right time for the government to chalk out the rules.
The judge made the observations while allowing a plea filed in 2012 by a private company, to quash certain proceedings issued by the then Collector on May 1, 2012, creating guidelines for granting permission and license for the installation of windmills and collecting charges towards issuing such licenses. The Collector had issued the guidelines by referring to a judgment passed by the court on November 17, 2011, in which the court had reportedly held that wind turbine generators would come within the definition of ‘building’ under the TN Panchayat Act and building plan approval should be obtained for them.
But Justice Vijayakumar pointed out as per Section 161 of the TN Panchayat Act, the government alone has powers to frame such rules and the Collector has no jurisdiction. He opined that a windmill is a piece of machinery and not a building and there is no rule in TN Panchayats Building Rules, 1997, that deals with the installation of windmills. Until such rules, a panchayat union can’t insist upon the windmill owners to obtain a license from them, he said. The panchayats are empowered to demand building plan approval and the property tax for the office building or security room connected with the windmill, the judge said.
No media during hotel inspections, says Court
Chennai: Justice R Suresh Kumar of Madras HC on Friday restrained the DO of Food Safety and Drug Administration department Sathish Kumar from taking the media during inspections on hotels and restaurants. The judge allowed him to take a cameraman for recording the activity but the footage shall be used for prosecution; they shall not be shared with the media until a decision is made. Government authorities must not act as superheroes but discharge duties, he said. The orders were passed on a plea filed by secretary of Chennai Hotels Association R Rajkumar, who alleged the DO was not following the Food Safety and Standards Act, 2006.