ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to take action against the 5th respondent and its office bearers for the illegal allotment and their misappropriations, based on the petitioner's representation dated 6.12.2021.

1. The petitioner has filed the instant writ petition, styled as public interest litigation, alleging that as per Pradhan Mantri Awas Yojana-Gramin (PMAY-G) and Indira Awaas Yojana (IAY), the Government of India has taken initiative to provide affordable housing to the urban poor, but the fifth respondent and its office bearers are making illegal allotment and embezzlling the funds sanctioned under the aforesaid schemes.

2. According to the petitioner, during 2019-2020, the fifth respondent allotted houses for more than 23 persons, who were not members of Socio Economic and Cast Census (SECC) data, which is the basis for availing PMAY-G scheme. Further, during 2013-2014, the President and Secretary of the fifth respondent Panchayat allotted 2 or 3 houses for one person and so far, 11 persons were allotted more than one house under IAY scheme. According to the petitioner, during 2016-2019, the fifth respondent and officials misappropriated more than Rs. 12 lakh meant for Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

3. Learned counsel for the petitioner submitted that misusing PMAY-G and IAY schemes, houses were allotted to ineligible persons for extraneous consideration and, therefore, directions may be issued to take action against the erring officials for allotting houses to ineligible persons and to allot houses under PMAY-G scheme only to the eligible persons.

4. In the writ petition, the petitioner has also furnished particulars of ineligible persons to whom benefits were extended. On a perusal of the same, we find that allotment of houses was made to the following persons, who are stated to be ineligible, as they are either in government job or retired from government job:

5. Highlighting the aforesaid particulars, learned counsel for the petitioner submitted that the office of Venmankondan Village Panchayat, including its President and Secretary, by manipulating the records, granted allotments to ineligible persons and, therefore, the petitioner has filed the instant writ petition to cancel such illegal allotments and also to take action against the erring officials.

6. Learned counsel for the petitioner further submitted that, on 6.12.2021, the petitioner has submitted a representation to respondents 1 to 4, even though on 8.12.2021 the first respondent addressed a letter to the Block Development Officer (Village Panchayat), Tha. Pazhur requesting him to submit documents before the office of the Assistant Director, District Administration on 15.12.2021 in person, so far no enquiry was conducted and, therefore, the petitioner was constrained to file this writ petition in the larger interest of the public.

7. At this juncture, learned Government Advocate, on instructions, submitted that an enquiry was conducted qua the misappropriation and illegal allotments under various Government schemes in the Venmankondan Panchayat as alleged by the petitioner and the Enquiry Officer has submitted his report stating that the allocation for Venmankondan Panchayat for the year 2019-20 was 97 houses, of which, 25 beneficiaries were not placed in the SECC data. It was also found that the beneficiary selection was not in accordance with the stipulated procedure and, therefore, an explanation was called for from the Panchayat Preside