M. Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 & 2 of 2015 M.Murugan ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Project Officer, District Rural & Development Authority, Madurai District, Madurai.

3.The Block Development Officer, Kallikudi Union, Thirumangalam Taluk, Madurai District.

4.The President, Ulagani Panchayat, Chinna Ulagani, Madurai District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 3rd respondent in his proceedings in Na.Ka.No. 1519/2015 /A2 dated 27.08.2015 and quash the same as illegal and consequentially to direct the 1st respondent to allot a house under Chief Minister's Solar Power Green House Scheme on the strength of the resolution passed by Gramasaba dated 26.01.2015.

For Petitioner : Mr.P.Mohamed Sohail for M/s.Ajmal Associates For Respondent : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner questions the impugned proceedings whereby two persons belonging to the petitioner's village were given subsidy to construct the house under the Green House Scheme. The petitioner's case is that they were not eligible to get the benefit under the said scheme.

3. Before I could test the correctness of the said assertion, the learned Additional Government Pleader appearing for the respondents 2/4

would point out that the petitioner is having his own house bearing Door No.336, Ward No.3 in Ulagani Village. The photograph of the petitioner's house has already been produced before this Court. When the petitioner himself is not eligible to get the benefit of Green House Scheme, he lacks locus standi to file the writ petition. If the petitioner is of the view that ineligible persons have been extended the benefit of the scheme, remedy open to him is to file PIL. This writ petition will not lie.

4. The Writ Petition stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 28.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Madurai District, Madurai.

2.The Project Officer, District Rural & Development Authority, Madurai District, Madurai.

3/4

G.R.SWAMINATHAN, J.

rmi 3.The Block Development Officer, Kallikudi Union, Thirumangalam Taluk, Madurai District.

4.The President, Ulagani Panchayat, Chinna Ulagani, Madurai District.

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