IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2021 CORAM The Honourable Mr. Justice R.MAHADEVAN W.P.No.14537 of 2012 Anbalagan ...Petitioner Versus
1.The Commissioner, Rural Development and Panchayat Raj Department, Chennai - 15.
2.The District Collector, Ariyalur.
3.The Tahsildar, Ariyalur.
...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the second respondent to consider the representation of the petitioner herein dated 20.06.2011 and dispose of the same within a reasonable period.
For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.G.Krishnaraja, Government Advocate
O R D E R
This writ petition has been filed seeking a mandamus directing the second respondent to consider the petitioner's representation dated
20.06.2011 and dispose of the same within a reasonable period.
2.It is the case of the petitioner that the Government allotted funds to construct 100 free houses in the name of Samathuvapuram at Mannuli village, Ariyalur District. Nearly 400 applications were received from the villagers, out of which, more than 250 applications were made by one Kamaraj, who is the Panchayat President of Thelur village and his relatives and interested candidates were selected and houses were also allotted to them. The said allotment was opposed by the homeless persons stating that the said Kamaraj did not select the candidates in accordance with the procedure as prescribed under G.O.Ms.No.59 dated 14.07.2009. However, without taking necessary action against him, the respondents were trying to issue patta in favour of those ineligible candidates. Feeling aggrieved, the petitioner made a representation dated 20.06.2011 to the second respondent, which was also not considered. Therefore, this writ petition.
3.Upon notice, the second respondent filed a detailed counter inter alia affidavit, wherein, it is stated that all the applications for the allotment of houses were received from the individuals after proper announcement in the village; the Village Panchayat President was only a member of the selection committee and he has not made any representation to include any of the beneficiary; and hence, there was no irregularity in the selection of beneficiaries and the selected beneficiaries have all occupied the houses allotted to them.
4.The aforesaid averments made in the counter affidavit have been refuted by the learned counsel for the petitioner. According to him, there were serious irregularities in the allotment of houses and hence, enquiry has to be conducted by considering the petitioner's representation dated 20.06.2011.
5.On the other hand, the learned Government Advocate appearing for the respondents fairly submitted that the second respondent would consider the representation of the petitioner and pass orders, on merits, within a reasonable time to be stipulated by this court.
6.In view of the above, this Court, without going into the merits of the case, directs the second respondent to pass orders, on the petitioner's representation dated 20.06.2011, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
7.This Writ Petition is disposed of with the above direction. No costs.
16.07.2021 mrr Index : Yes/No To
1.The Commissioner, Rural Development and Panchayat Raj Department, Chennai - 15.
2.The District Collector, Ariyalur.
3.The Tahsildar, Ariyalur.
R.MAHADEVAN, J.
mrr
16.07.2021
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