N.Shanthi, W/O.A.Natesan, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 20.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.14348 of 2016 & WMP Nos. 12542 & 12750 of 2016 N.Shanthi [ PETITIONER ] Vs 1 The State of Tamilnadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St.George, Chennai-9.
2 The State of Tamilnadu Rep. by its Secretary to Government Municipal Administration and Water Supply Department Fort St. George, Chennai-9.
3 The Director of Town Panchayat Kuralagam, Chennai-108.
4 The District Collector Namakkal District, Namakkal.
5 The president Alampalayam Panchayat Namakkal District.
6 The Executive Officer Alampalayam Panchayat Namakkal District 7 P.Rasathi 8 D.Somasundaram 9 K.Perumal 10 C.Mahendran
11 N.Saravanan 12 M.Rajagopal 13 M.Muniyammal 14 K.Savithri 15 K.Sulochchana 16 M.Baskaran 17 S.Perumayee 18 P.Nagaraj 19 M.Thangammal 20 M.Ravikumar 21 S.Muniyappan 22 K.Mallirajan 23 R.RAjeswari 24 K.Perumaye 25 J.Jagatha 26 C.Palaniyammal 27 R.Marimuthu 28 R.Duraisamy 29 G.Dhanalakshmi 30 M.Jayalakshmi 31 A.Saravanan 32 C.Mathaiyan 33 K.Palaniyammal 34 S.Dhanasekaran 35 P.Thangavel
36 P.Sangaiya 37 S.Suseela 38 G.Srinivasan 39 P.Devaki 40 K.Muniyan 41 S.Selvan 42 S.Marimuthu 43 S.Kokila 44 S.Rajamanickam 45 P.Arukkani 46 D.Gopal [ RESPONDENTS ] Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the entire records of the 6th Respondent pertaining to Na.Ka. No.200/2015 dated 26.02.2016 issued to the Respondents 7 to 46, quash the same since being arbitrary and illegal and direct the Respondents 1 to 6 to follow the procedure as stipulated in the Annexure to G.O.Ms. No.122 Housing and Urban Development [SC2 (1)] Department dated 01.10.2015 For Petitioner : Mr.S.Natanarajan For Respondents : Mr.J.Bala Gopal - R1 to R6
O R D E R
Heard Mr.S.Natanarajan, learned counsel appearing for the petitioner and Mr.J.Bala Gopal, learned Counsel appearing for the respondents 1 to 6 and with the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.
2.The petitioner who is a resident of Alampalayam Village has filed this Writ Petition, seeking to quash the work orders issued in favour of respondents 7 to 46, for the purpose of construction of houses under the scheme called as 'Green House Scheme', as propounded by the Government.
3.The petitioner's case is that though her name was recommended for being included as one of the beneficiaries to the Scheme, when the official list was drawn, her name has been deleted. It is the definite case of the petitioner that the list of beneficiaries which was finalised was not approved by the Panchayat Council and the list so prepared is in blatant violation of the procedure stipulated by the Government in G.O.Ms.No.122, Housing and Urban Development [SC 2(1)] Department dated 01.10.2015.
4.The petitioner would further submit that the impugned work orders do not refer to the approval of the Village Panchayat Council and the date of administrative sanction by the fourth respondent and the work orders issued by the sixth respondent are on the same date. Therefore, it is stated that the work orders have been hastily issued so as to help the kith and kin of the political functionaries or their henchmen. With these facts, the petitioner has approached this Court for quashing the order passed by the sixth respondent dated 26.02.2016.
5.The petitioner who is an individual wanted to be included in the list of beneficiaries. Therefore, her primary contension is that her name was not included though she was provisionally selected. If that be the case, the petitioner's interest should be safeguarded till her grievance is redressed. Therefore, instead of quashing the orders passed in favour of the respondents 7 to 46, there will be a direction to keep one house/allotment, reserved for the petitioner till the District Collector takes a decision on the objection to be raised by the petitioner.
6.It is seen that before filing of this Writ Petition, the petitioner has not raised any objection stating that the impugned work orders are totally against the procedure stipulated under the Government Order. Therefore, it would be appropriate for the petitioner to submit a representation to the appropriate authority setting out all her grievance, which should be considered by the said authority.
7.Accordingly, the petitioner is directed to submit a representation, along with a copy of this order, to the third respondent within a period of two weeks from the date of receipt of a copy of this order, setting out all her grievances and on receipt of the representation, the third respondent shall call for appropriate report from the District Collector, Namakkal, and pass orders on merits and in accordance with law, within a period of four weeks from the date on which the
representation is received. Till orders are passed by the third respondent, one house/allotment under the 'Green House Scheme' shall be reserved in favour of the petitioner. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1 The State of Tamilnadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St.George, Chennai-9.
2 The State of Tamilnadu Rep. by its Secretary to Government Municipal Administration and Water Supply Department Fort St. George, Chennai-9.
3 The Director of Town Panchayat Kuralagam, Chennai-108.
4 The District Collector Namakkal District, Namakkal.
5 The president Alampalayam Panchayat Namakkal District.
6 The Executive Officer Alampalayam Panchayat Namakkal District +1 cc to Government Pleader sr.24530 +1 cc to Mr.Sri S.Natana Rajan Advocate sr.24139 W.P.No.14348 of 2016 aa28/04/2016