M.Muthu v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.4986 of 2015 and M.P.(MD).No.1 of 2015 M.Muthu .. Petitioner Vs.
1.The Commissioner, Rural Development and Panchayat Raj, Saythapet, Chennai 05.
2.The District Collector, Madurai District, Madurai.
3.The Project Director, District Collectorate Premises, Madurai, Madurai District.
4.The Block Development Officer, Thirupparankundram Panchayat Union, Madurai District.
5.The President, Valayankulam Village Panchayat, Madurai District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 3 to consider my representation dated 09.02.2015 and to constitute a committee to conduct enquiry about the illegal allotment of houses under the green house scheme and Indira Awaas Yojana (IAY) Scheme at Valayankulam Village, Panchayat, Thiruparamkundram
Taluk, Madurai District to ineligible persons and consequently direct the respondent Nos.1 to 4 to initiate legal action against the 5th respondent. For Petitioner : Mr.V.Sundarraj For respondents : Mr.T.R.Janarthanam, 1 to 3 Addl. Government Pleader For respondents : Mr.S.Chandrasekar, 4 & 5 Government Advocate
O R D E R
[Order of the Court was made by M.V.MURALIDARAN, J.] The petitioner has come up with this Writ Petition seeking a direction to the respondents 1 to 3 to consider his representation dated 09.02.2015, wherein he has asked for constitution of the committee to conduct enquiry into the illegal allotment of houses under the Green House Scheme and Indira Awaas Yojana (IAY) Scheme at Valayankulam Village, Panchayat, Thirupparamkundram Taluk, Madurai District to ineligible persons.
2.We have heard the learned counsel appearing on either side and we have also perused the records carefully.
3.In the counter affidavit, the Block Development Officer, Thirupparankundram, has inter alia stated as to what was the procedure, as per G.O.Ms.No.46 (Rural Development and Panchayat Raj), dated 17.08.2011, followed and how the beneficiaries selected, etc. He has further stated that there was no irregularity committed by any of the officials in the matter of allotment of the houses.
4.We find no reason to reject the said statement of the fourth respondent. The petitioner has not produced any material to show that the said statement is incorrect. In view of the same, the relief sought for in the writ petition cannot be granted. This
Writ Petition is, therefore, dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar[co] /True copy/ Sub AssistantRegistrar To 1.The Commissioner, Rural Development and Panchayat Raj, Saythapet, Chennai 05.
2.The District Collector, Madurai District, Madurai.
3.The Project Director, District Collectorate Premises, Madurai, Madurai District.
4.The Block Development Officer, Thirupparankundram Panchayat Union, Madurai District.
5.The President, Valayankulam Village Panchayat, Madurai District.
+1 Cc to Special Government Pleader SR.71647. gcg KK/MAM/11.01.2017/3P/7C W.P.[MD].No.4986 of 2015 22.11.2016