G.Aandal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM G.Aandal ... Petitioner Vs.

1.The District Collector, Cuddalore District 2.Block Development Officer, Srimushnam Taluk, Cuddalore District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to pay the remaining 2nd, 3rd and final instalment amount for the scheme based on the petitioner's representation dated 23.08.2023. For Petitioner : Mr.N.Chinnaraj For Respondents :

(for R1 ) : Mr.K.Surendran, Additional Government Pleader (for R.2) : Mr.N.Naveen Kumar, Govt. Advocate 1/4

O R D E R

The relief sought for in the present writ petition is to direct the respondents to pay the remaining 2nd, 3rd and final instalment amount for the scheme based on the petitioner's representation dated 23.08.2023.

2. The petitioner availed the Thane Housing Scheme. The initial amount has been paid to the petitioner as per the terms of the Scheme. However, the 2nd, 3rd and final instalment amount for the scheme are not paid to the petitioner and therefore, the present writ petition came to be instituted.

3. For releasing the instalment amount, the petitioner has to satisfy the conditions as stipulated under the Scheme. Instalments will be sanctioned and funds will be released on assessment of the works made as per the Scheme in force. Therefore, the High Court cannot issue a direction to release the funds in the absence of any inspection or report from the competent authorities, which must be in consonance with the terms of the Scheme. Therefore, the respondents shall conduct an inspection and ascertain the factual situation and thereafter, take appropriate decision by following the due process of law. 2/4

4. Accordingly the writ petition stands disposed of. No costs. (sha) 17.04.2024 Index : Yes Speaking Order To 1.The District Collector, Cuddalore District 2.The Block Development Officer, Srimushnam Taluk, Cuddalore District 3/4

S.M.SUBRAMANIAM . J., (sha) 17.04.2024 4/4