HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, JJ.
Calaimani - Appellant
Versus
The District Collector, Karaikkal, Puducherry & Another - Respondents
WP No. 10953 of 2010
Decided On : 17-03-2023
T-SUNAMI HOUSING SCHEME - Allotment of House - The petitioner sought allotment of a house under the T-Sunami Housing Scheme, claiming to be a resident of the affected village. However, the court found that the petitioner failed to establish his residency during the relevant time and therefore dismissed the petition.
Fact of the Case:
The petitioner sought allotment of a house under the T-Sunami Housing Scheme, claiming to be a resident of the affected village. The authorities found that the petitioner was not a resident of the village and therefore not eligible for the housing scheme.
Finding of the Court:
The court found that the petitioner failed to establish his residency during the relevant time and therefore dismissed the petition. The court emphasized that the welfare schemes are to be implemented strictly in accordance with the terms and conditions stipulated.
Issues: The main issue was whether the petitioner was entitled to the relief sought under the T-Sunami Housing Scheme, based on his residency in the affected village.
Ratio Decidendi: The court's decision was based on the petitioner's failure to establish his residency during the relevant time, as required for eligibility under the T-Sunami Housing Scheme.
Final Decision: The court dismissed the writ petition, stating that the petitioner had not established his residency during the relevant time and therefore was not entitled to the relief sought.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent dated 29.03.2010 passed in No.10529/DRDM/C1/2010, quash the same and further direct the respondents to allot house to the petitioner under the Tsunami Housing Scheme, as per the list prepared by the Department of Revenue and Disaster of Management, Puducherry for Karukalacherry and Akkaraivattam Village, Neravy Commune, Karaikka, Puducherry.)
1. The present writ petition is filed seeking to allot a house to the petitioner under T-Sunami Housing Scheme as per the list prepared by the Department of Revenue and Disaster Management, Puducherry.
2. The petitioner states that he is the resident of Karukalacherry Village belongs to Fishermen Community. He owned a house at Vellai Pillaiyar Koil Street, Ambalavannan Illam, Karukalacherry, Karaikkal, which was damaged due to T-Sunami. Thus the Authorities shifted his residence to Varichikudy, which is a rental accommodation.
3. The Government of Maharashtra came forward with the Housing Scheme to provide houses to houseless persons affected by T-Sunami. Accordingly, the list of beneficiaries is also prepared under the said Scheme.
4. The grievance of the petitioner is that his name was not included in the list of beneficiaries for allotment of houses in the T-Sunami Housing Scheme. Thus the petitioner has chosen to file the present writ petition.
5. The learned Government Advocate appearing on behalf of the respondents brought to the notice of this Court that the Authorities conducted an enquiry and found that the petitioner is not the resident of Karukalacherry Village, Karaikkal for the purpose of including his name in the list of beneficiaries.
6. The list of beneficiaries was prepared based on the documents produced by the applicants and on enquiry, the Authorities found that the petitioner is not the resident of Karaikkal. Thus his name was not included in the list of beneficiaries. The Welfare Schemes are to be implemented strictly in accordance with the terms and conditions stipulated.
7. In the present case, the T-Sunami victims are provided free housing, if they establish that they are houseless and affected due to T-Sunami during the relevant point of time.
8. Thus the petitioner has not established that he was the resident of Karaikkal during the relevant point of time and therefore, he is not entitled for the relief as such sought for in the present writ petition.
9. Accordingly, the present writ petition stands dismissed. However, there shall be no order as to costs.
The eligibility for welfare schemes, such as the T-Sunami Housing Scheme, is contingent upon the strict establishment of residency and eligibility criteria during the relevant time period.
Residency and family status in the affected area are key factors in determining eligibility for Tsunami relief house allotment as per government orders.
The constitutional mandate of equal opportunity and the accountability of public authorities in the allocation of tenements to homeless individuals.
Court directs authority to consider eligible beneficiary's representation for housing allotment under rehabilitation scheme within stipulated time.
Directive to public authorities to consider pending representations in accordance with law within stipulated time.
Court directed timely consideration of a housing application under constitutional writ jurisdiction.
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