Madras High CourtWP(MD)/26655/2023dismissed

Veluchamy M v. The Principal Secretary

2024-03-12Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.22907 of 2023 M.Veluchamy ... Petitioner vs.

1.The Principal Secretary, Rural Development and Panchayathraj Department, Government of Tamil Nadu, Chennai - 9.

2.The Assistant Director(Panchayat), Trichy.

3.The District Collector, Trichy.

4.The Assistant Project Officer (House) and Enquiry Officer, District Rural Development Agency, 5.The Block Development Officer(Panchayats), Vaiyampatti Panchayat Union, Trichy District.

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6.V.Subramanian, President, Vaiyampatti Village Panchayat, 7.R.Anbarasan, Vice President, Vaiyampatti Village Panchayat, 8.Thangavelu, Secretary, Vaiyampatti Village Panchayat, At present working as Secretary, Nallampaillai Village Panchayat, Manjampatti Post, 9.K.Thanga Pandi, Secretary, Vaiyampatti Village Panchayat, ... Respondents (R4 is amended vide Court order made in W.M.P(MD)No.23452 of 2023 by DKKJ & RVJ on 11.01.2024) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take action against the respondents 6 to 9 and other officials for the irregularity and misappropriation of public fund committed in selecting 2/6

beneficiaries under Pradhan Mantri Awas Yojana - Gramin (PMAY-G) Scheme for the year 2021 to 2022 in Vaiyampatti Village, Manapparai Taluk, Trichy District and recover the misappropriated amount and further provide affordable housing to the poorest people of Vaiyampatti Village by considering the petitioner's representation dated 24.07.2023 and 31.07.2023. For Petitioner : Mr.T.Lenin Kumar For R-1 to R-4 : Mr.P.Thilak Kumar, Government Pleader For R-5 : Mr.M.Senthil Kumar, Government Advocate

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents 1 and 2, to take action against the respondents 6 to 9 and other officials for the irregularity and misappropriation of public fund committed in selecting beneficiaries under Pradhan Mantri Awas Yojana - Gramin (PMAY-G) Scheme for the year 2021 to 2022 in Vaiyampatti Village, Manapparai Taluk, Trichy District and recover the misappropriated amount and further provide affordable housing to the poorest people of Vaiyampatti Village by considering the petitioner's representation dated 24.07.2023 and 31.07.2023.

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2. A status report has been filed by the fifth respondent. Paragraph No.7 of the status report reads as under:

"7. It is submitted that as narrated in the Brief History, the Assistant Project Officer, in his report to the District Collector, Trichirappalli, has stated that houses have been allotted to ineligible persons as stated above on the failure of non-examination of the documents of the beneficiaries in detail. Furthermore, the Assistant Project Officer has stated that out of 17, the allotment made to two ineligible persons, namely under Sl.Nos.1 & 13 since been cancelled and action taken to reimburse the amount. Also in respect of the three beneficiaries whose community has been changed, proposals have been sent for ratification."

3. If there are any other contra materials to show that ineligible persons got allotment of houses, the petitioner has to place the same before this Court. However, no such materials have been produced before this Court.

4. Therefore, we accept the status report filed by the fifth respondent. Further, it is stated that based on the said status report, action has been taken against the erring officials for allotment of houses to ineligible persons under PMAY-G Scheme.

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5. In view of the above, no further order is necessary in this writ petition. Hence, this writ petition is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,J.] [R.V.,J.] 12.03.2024 NCC : Yes / No Index : Yes / No PM To 1.The Principal Secretary, Rural Development and Panchayathraj Department, Government of Tamil Nadu, Chennai - 9.

2.The Assistant Director(Panchayat), Trichy.

3.The District Collector, Trichy.

4.The Assistant Project Officer (House) and Enquiry Officer, District Rural Development Agency, 5.The Block Development Officer(Panchayats), Vaiyampatti Panchayat Union, Trichy District.

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D. KRISHNAKUMAR,J.

and R.VIJAYAKUMAR,J.

PM ORDER MADE IN DATED : 12.03.2024 6/6