M.Selvarasu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Selvarasu ... Petitioner -vs1.The District Collector, Cuddalore Distrist.

2. Block Development Officer, Srimushnam Taluk, Cuddalore District.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the respondents to pay the remaining 2nd, 3rd and final installment amount for the scheme based on the petitioner representation dated 23.08.2023.

For Petitioner :

Mr. N.Chinnaraj For Respondents :

Mr. U.Bharanidharan Additional Government Pleader (for R1) Mr. A.Anandan Government Advocate (for R2) 1/6

O R D E R

Heard Mr. N.Chinnaraj, Learned Counsel for the Petitioner, Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the First Respondent and Mr. A.Anandan, Learned Government Advocate appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that though he has been selected as a beneficiary of the Indira Awas Yojana for construction of house in rural areas, except the initial installment, the remaining eligible amount has not been disbursed to him.

3.

In response, the Second Respondent in the Counter-Affidavit dated 06.11.2023 has given details of the amounts disbursed to the Petitioner under the Scheme as follows:- S. No.

Cheque No.

Payment Date Payment Amount in Rs.

1.

525325 22.03.2018 15,502/- 2.

525329 25.06.2018 20,559/- 3.

525332 07.12.2018 27,101/- Total 63,162/- 2/6

It is further stated that the Petitioner has also received 60 bags of cement and 155 kg of steel from the Second Respondent under that Scheme. In respect of the balance amount of Rs. 31,998/- remaining payable, it is informed that the Petitioner would be entitled to receive it only after completion of construction of the house.

4.

In view of the aforesaid submissions made, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) after completion of the construction of the house, the Petitioner shall make application with supporting documents to the Second Respondent for release of Rs. 31,998/- as mentioned by the Second Respondent; (ii) it shall be incumbent upon the Second Respondent on receipt of that application to immediately examine the same;

(iii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed that the Petitioner or any other person concerned requiring the same to be furnished within a time frame of not less than 10 working days;

(iv) in the event of not being satisfied with the requirements even thereafter, an inspect of the building shall be conducted by the Second Respondent 3/6

or any other official person authorized by him to ascertain the actual stage of the construction and an enquiry shall be conducted affording full opportunity of person hearing to the Petitioner and all other persons concerned to explain their position in that regard; (v) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment; and (vi) the report of such compliance shall be filed before the Registrar (Judicial of the Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

08.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.11.2023.

nsl To 1.The District Collector, Cuddalore Distrist.

4/6

2. Block Development Officer, Srimushnam Taluk, Cuddalore District.

5/6

P.D. AUDIKESAVALU, J.

nsl 08.11.2023 6/6