M.Prakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:30.04.2025 Coram THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.14090 of 2025 and W.M.P.No.15841 of 2025 1.M.Prakash, Son of M.Mani Aged about 36 years Chairman of Panchayat Council-Thirukunam T.Kosappalyam, Anniyur Post, Kannai Block, Vikravandi Taluk, Villupuram District 605 202.
2.D.Ezhilarasi, Wife of Devaraj, Aged about 35 years, Chairman of Panchayat Cuncil-Palliaynathur, Kannai Block, Vikravandi Taluk, Villupuram District 605 202.
3.M.Prema Kumaran, Wife of Kumaran Aged about 42 years, Chairman of Panchayat Council-Anniyur, Anniyur Post, Kannai Block, Vikravandi Taluk, Villupuram District 605 202. 1/7
4.M.Jawaharlal Nehru Son of K.Muthusamy Aged about 38 years, Chairman of Panachayat Council-Siruvaaalai Kannai Block, Vikravandi Taluk, Villupuram District 605 202.
.. Petitioners /versus/ 1.The District Collector, Collectorate-Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu 605 602.
2.The Additional Collector(Development), Collectorate-Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu 605 602.
3.The Department of Rural Development and Panchayat Raj, Rep.by its Secretary, Fort St.George, Chennai, Tamil Nadu 600 009.
4.The Block Development Officer, Kannai Block, Villupuram District, Tamil Nadu 605 202.
.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandmaus directing the respondents to accept the resolution dated 29.03.2025 passed pursuant to the proceedings of the Block Development Officer in proceedings No.Na.Ka.No.A7/4210/2024.
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For Petitioner :Mr.R.Sripriya For Respondents :Mr.J.Ravindran, AAG asst.by Mr.M.Rajendiran, AGP for R1 to R4
ORDER
The writ petition is filed to direct the respondents to accept the resolution dated 29.03.2025 passed by the Anniyur Village Panchayat, pursuant to the proceedings of the Block Development Officer in proceedings No.Na.Ka.No.A7/4210/2024, dated 24.03.2025 2.The case of the petitioners is that they are the Presidents of various Panchayats viz., Thirukunam, Palliaynathur, Anniyur and Siruvaalai in Kannai Block, Villupuram District. The Government of Tamil Nadu has launched the Kalaignarin Kanavu Illam Scheme with the objective of making the state hut-free by 2030, following earlier initiatives such as the 1975 Housing Project and the 2010 Kalaignar Veedu Vazhangum Thittam. When this scheme was introduced in Vikravandi Taluk, Villupuram District, the fourth respondent issued a circular bearing Na.Ka.No.A7/4210/2024, dated 24.03.2025, stating that 3/7
for the financial year 2025-2026, the list of beneficiaries under the aforementioned scheme must be submitted through a special resolution placed before the Grama Sabha for its approval. The said circular was received by all the Presidents of the Village Panchayats in Kannai Block. However, despite Clause 5 mandating that the final list of beneficiaries be placed before the Grama Sabha for approval, no such approval was sought by the fourth respondent.
3. It is further stated that the fourth respondent has been adopting an arbitrary and selective approach in implementing the scheme, proceeding solely based on his personal discretion. However, in accordance with the circular, a special resolution was passed by the Kannai Block Panchayat Board on 29.03.2025, and the final list was submitted to the Grama Sabha on the very same day. Consequently, after thorough verification, the Grama Sabha accepted the resolution and the final list of eligible beneficiaries. Contrary to this process, the fourth respondent has refused to adhere to the required procedure by declining to accept the special resolution and the approved list of beneficiaries passed by the Grama Sabha. Despite the submission of a joint 4/7
representation by the Presidents of various Village Panchayats in Kannai Block, the authorities have failed to take appropriate action. Hence, this writ petition has been filed seeking the aforesaid relief.
4. The learned Additional Advocate General appearing for the respondents submitted that no person will be allotted a house under the Kalaignarin Kanavu Illam Scheme except those who have been recommended through a resolution passed by the Grama Sabha. If any house is allotted to a person who is not included in the approved list and was not recommended by the Grama Sabha, such allotment shall be cancelled by the first respondent.
5. Considering the facts and circumstances of the case, and in light of the submissions made by the learned Additional Advocate General that any person who is not recommended by the Grama Sabha and does not appear in the list of beneficiaries under the Kalaignarin Kanavu Illam Scheme, their allotment will be cancelled. 5/7
6. This Court directs the first respondent to consider the resolution passed by the Grama Sabha regarding the allotment of houses under the said scheme, within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 30.04.2025 ari Index:yes/no Speaking order/non speaking order To 1.The District Collector, Collectorate-Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu 605 602. 2.The Additional Collector(Development), Collectorate-Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu 605 602. 3.The Department of Rural Development and Panchayat Raj, Rep.by its Secretary, Fort St.George, Chennai, Tamil Nadu 600 009. 4.The Block Development Officer, Kannai Block, Villupuram District, Tamil Nadu 605 202.
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J.SATHYA NARAYANA PRASAD, J.
ari & W.M.P.No.15841 of 2025 30.04.2025 7/7