W.P.(MD).No.4177 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.(MD).No.4177 of 2022

Sundararajan

... Petitioner

Vs.

1.The District Collector,

Office of the Collectorate Building,

Sivagangai District.

2.The Block Development Officer,

Village Panchayat,

Block Development Office,

Thiruppuvanam,

Sivagangai District.

3.The Project Director,

Office of the Collectorate Building,

Sivagangai District.

4.The President,

Thiruppachethy Village Panchayat,

Thiruppuvanam Union,

Sivagangai District.

5.Karnan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of Mandamus, directing

the respondents No.1 to 4 to remove the name of the fifth respondent

from the beneficiary list prepared by the second respondent on the

Pradhan Mantri Awas Yojana Scheme in respect of Thiruppachethy

Village Panchayat, Thiruppuvanam Union, Sivagangai District and

allot the same to the eligible poor people by considering the

petitioner's representation dated 26.02.2022.

For Petitioner

: Mr.D.S.Haroon Rasheed

For R-1 and R-3

: Mr.T.Amjad Khan

Government Advocate.

For R-2 and R-4

: Mr.Muthu Vijayan

Special Government Pleader.

1/3

https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD).No.4177 of 2022

ORDER

This Writ Petition has been filed for a Mandamus seeking for a

direction to the respondents 1 to 4 to remove the name of the fifth

respondent from the beneficiary list prepared by the second

respondent under the Pradhan Mantri Awas Yojana Scheme in respect of

Thiruppachethy Village Panchayat, Thiruppuvanam Union, Sivagangai

District and allot the same to the eligible poor people by

considering the petitioner's representation dated 26.02.2022.

2. The petitioner who claims to be the resident of

Thiruppachethy Village Panchayat and is also an elected ward member,

claims that the fifth respondent, though not eligible to be a

beneficiary under the Pradhan Mantri Awas Yojana Scheme, has become

a beneficiary under the said scheme in respect of Thiruppachethy

Village Panchayat, Thiruppuvanam Union, Sivagangai District.

According to the petitioner, the said scheme is meant for eligible

poor people and not to the case of the fifth respondent, who does

not come under the said category. The petitioner has given a

representation on 26.02.2022 to the official respondents, calling

upon them to remove the fifth respondent as a beneficiary under the

Pradhan Mantri Awas Yojana Scheme. Since the said representation

has not been considered till date, he has filed this Writ Petition.

3. Heard Mr.D.S.Haroon Rasheed, learned counsel for the

petitioner, Mr.T.Amjad Khan, learned Government Advocate, who

accepts notice on behalf of the respondents 1 and 3 and Mr.Muthu

Vijayan, learned Special Government Pleader, who accepts notice on

behalf of respondents 2 and 4.

4. The petitioner claims that the fifth respondent is not

entitled to become a beneficiary under the Pradhan Mantri Awas

Yojana Scheme. But, however, he has been made a beneficiary under

the said scheme. The petitioner also claims that the said scheme is

meant for eligible poor people and not for the fifth respondent, who

does not come under the said category. He has given a

representation on 26.02.2022 to the official respondents, calling

upon them to remove the fifth respondent as a beneficiary under the

aforementioned scheme.

5. No prejudice would be caused to the respondents, if the

petitioner's representation is considered on merits and in

accordance with law, after affording a fair hearing to the

petitioner and the fifth respondent and other necessary parties,

whom the respondents 1 and 3 deem fit to enquire.

6. Accordingly, this Court directs the respondents 1 and 3