S.Narayanasamy v. The Secretary

2024:MHC:5877

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.20949 of 2019 S.Narayanasamy ... Petitioner Vs.

1.The Secretary, Ministry of Housing and Urban Affairs [PMAY] Government of India, New Delhi.

2.The District Collector, 3.The Thasildar, Kaatumannar Koil Taluk, 4.Block Development Officer, Kaatumannar Koil, Panchayat Union, 5.Executive Engineer, Tamil Nadu Electricity Board, Sethiathope Division,

6.The Superintendent of Police, 7.Ganasemoorthy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th respondent to conduct enquiry and to initiate action against the 7th respondent and to cancel the sanction granted by the 1st respondent under the Prime Minister Housing Scheme (Rural) in SECC.No.3133600501350000031600036001 for putting up illegal structure without building plan.

For Petitioner : Mr.T.Saravanan For R1 : Mr.J.Madanagopal Rao Senior Panel Counsel For R2 to R4 & R6 : Mr.P.Balathandayutham Special Government Pleader For R5 : Mr.L.Jai Venkatesh For R7 : Mr.P.R.Thiruneelakandan

O R D E R

The relief sought for in the present writ petition is to direct the 4th respondent to conduct an enquiry and to initiate action against the 7th respondent and to cancel the sanction granted by the 1st respondent under the

Prime Minister Housing Scheme (Rural) for putting up illegal structure without building plan.

2. It is not in dispute that the 7th respondent availed the subsidy for construction of house under Prime Minister Housing Scheme. The petitioner set out allegations by stating that he is the owner of the property in which the 7th respondent obtained subsidy benefits from the Government of India and constructed a house. In other words it is stated that the 7th respondent has encouraged upon the petitioner's land and constructed a house. Such nature of civil disputes cannot be adjudicated in a writ proceeding.

3. It is brought to the notice of this Court by the learned Special Government Pleader appearing on behalf of the respondents 2 to 4 and 6 that a Civil Suit has been filed in O.S.No.34 of 2019 on the file of the Sub Court, Chidambaram. The petitioner has filed return statement and the Suit is now pending.

4. The Civil Rights of the parties will be decided by the Competent Civil Court of Law. As far as the sanctioning of subsidy benefits under the

Prime Minister Housing Scheme or the construction of house, building plan approval or permission from the competent authorities obtained or not is to be verified by the District Collector. Therefore, the District Collector is directed to verify the genuinity of the subsidy benefits granted to the 7th respondent and the building plan permission granted and accordingly, take a decision as expeditiously as possible.

5. As far as the title dispute is concerned, it will be resolved by the Civil Court. However, the other allegations are concerned, the District Collector shall conduct an enquiry and if any illegality or irregularity is notified, then all suitable actions are to be initiated.

6. With the above said directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 09.01.2024 Jeni Index : Yes Speaking order

To 1.The Secretary, Ministry of Housing and Urban Affairs [PMAY] Government of India, New Delhi.

2.The District Collector, 3.The Thasildar, Kaatumannar Koil Taluk, 4.The Block Development Officer, Kaatumannar Koil, Panchayat Union, 5.The Executive Engineer, Tamil Nadu Electricity Board, Sethiathope Division, 6.The Superintendent of Police,

S.M.SUBRAMANIAM, J.

Jeni 09.01.2024