Madras High CourtWP(MD)/6777/2021disposed of

Mari.S v. The District Collector

2023-10-16Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Mari .. Petitioner

Versus

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Block Development Officer, Panchayat Union Office, Avudaiyarkovil, Pudukkottai District.

3.The Panchayat Clerk, Panchayat Union Office, Avudaiyarkovil, Pudukkottai District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to immediately release the petitioner's entire fund as stated in the E-sanction order dated 26.06.2018 even at least considering the petitioner's representations, dated 13.07.2020, 23.11.2020, 18.12.2020 and 10.02.2021. For Petitioner :

Mr.R.Sevugaraja For Respondents :

Ms.S.Jeyapriya Government Advocate 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to release the entire fund to the petitioner, by considering the representations made by him on 13.07.2020, 23.11.2020, 18.12.2020 and 10.02.2021.

2. The case of the petitioner is that he is one of the beneficiaries under the Prime Minister's Housing Scheme and he was seeking for the release of the funds in order to enable him to put up the construction. Since the representations made by him in this regard were not considered, the present Writ Petition has been filed before this Court.

3. When the matter was taken up for hearing today, Ms.S.Jeyapriya learned Government Advocate appearing on behalf of the respondents, based on the written instructions received from the second respondent, submitted that the petitioner is entitled to receive a total sum of Rs.1,20,000/-. However, there was a mistake in noting down the account number and as a result, the instalment was credited into the account of one Tmt.Vijaya. On finding out that there was a mistake, it was rectified and a sum of Rs.26,029/- was paid to the petitioner on 23.02.2023. Insofar as the balance amount of Rs.93,971/- is concerned, the second respondent has sought for some time. 2/4

4. Taking into consideration the facts and circumstances of the case and the written instructions received from the second respondent, there shall be a direction to the second respondent to release the balance amount of Rs.93,971/- to the petitioner, within a period of three months from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 16.10.2023 Index : Yes/No smn2 To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Block Development Officer, Panchayat Union Office, Avudaiyarkovil, Pudukkottai District.

3.The Panchayat Clerk, Panchayat Union Office, Avudaiyarkovil, Pudukkottai District.

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N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.6777 of 2021 16.10.2023 4/4