G.Natesan v. The Block Development Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2019
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.25340 of 2018 G.Natesan
...Petitioner
Vs.
1. The District Collector, Namakkal District, Namakkal.
2. The Thasildar, Taluk Office, Rasipuram Taluk, Namakkal District.
3. The Block Development Officer, Rasipuram Municipality, Rasipuram, Namakkal District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider and pass orders on the representation of the petitioner dated 07.05.2018 and 23.08.2018 in seeking to release the balance funds and provide cement and steel for completing the construction of the house as per the sanction order issued by the 3rd respondent under the Pradhan Mantri Awas Yojana - Gramin (PMAY-G).
For Petitioner :
Mr.G.Arul Murugan For Respondents :
Mr.R.Govindasamy, Special Government Pleader for R1 and R2 Mr.A.Ansar for R3 O R D E R The petitioner seeks for a Mandamus to direct the respondents to consider and pass orders on his representation dated 07.05.2018 and 23.08.2018 seeking to release the balance funds and provide materials for completing the construction of
the house as per the sanction order issued by the 3rd respondent under the Pradhan Mantri Awas Yojana - Gramin.
2. Heard both sides.
3. It is seen that the petitioner's father was selected as eligible for construction of house at Pradhan Mantri Awas Yojana, by the 3rd respondent. It is stated that as part of the amount towards construction was released to the petitioner's father, who in turn has also made some progress in the construction, however, the petitioner's father died on 30.07.018 before completing the construction. Therefore, the petitioner, being the son of the beneficiary, sought to complete the construction after receiving the balance fund, for which purpose, he made a request before the 1st respondent on 23.08.2018. As the said request has not been considered so far, the present writ petition is filed before this Court.
4. Perusal of the communication issued by the 3rd respondent dated 14.07.2018 to the petitioner's father would show that he was called upon to receive Rs.1,17,000/- after completing the construction within a period of one year from the date of issuing the order of allotment. However, as it is stated that the petitioner's father died in the mean time, the 3rd respondent shall consider the request of the petitioner and pass appropriate orders. Since the said representation was addressed to the 1st respondent, the petitioner is directed to furnish a copy of the representation to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such copy of representation, the 3rd respondent shall consider the claim of the petitioner and pass appropriate orders within a period of four weeks thereafter.
5. With the above directions, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi
To
1. The District Collector, Namakkal District, Namakkal.
2. The Thasildar, Taluk Office, Rasipuram Taluk, Namakkal District.
3. The Block Development Officer, Rasipuram Municipality, Rasipuram, Namakkal District.
+1 cc to Mr.G.Arul Murugan, Advocate, S.R.No.19465 +1 cc to the Government Pleader, S.R.No.20028 W.P.No.25340 of 2018 BR(CO) SSM(26/03/2019).