High Court · 2025

W.P.(MD).No.19760 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 22.07.2025CORAM THE HONOURABLE MR.JUSTICE C.SARAVANANW.P(MD).No.19760 of 2025Alagu.M ... PetitionerVs.1.The District Collector, Madurai District, Madurai.2.The Block Development Officer, (Village Panchayats), Kallikudi Panchayat Union, Kallikudi, Madurai District. ...RespondentsPrayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned letter memo in Na.Ka.No.1529/2022/Thi-4, dated 25.05.2023 of the 2nd respondent and quash the same as illegal, contrary to the direction of this Hon'ble Court made in W.P.No.644/2016 dated 11.04.2023 and consequently direct the respondents to re-consider petitioner's request for sanction the fund for her already constructed house under the Pradhan Mantri Awas Yojana Scheme. For Petitioner : Mr. A.RameshFor Respondents: Mr.D.Ghandiraj, Special Government Pleader1/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 2025ORDERThis Writ Petition is disposed of at the stage of admission itself, after hearing the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.2. This is the third round of litigation. Earlier, the petitioner had approached this Court in W.P.(MD) No.17851 of 2014 seeking a Writ of Mandamus to direct the respondents therein, which included the present respondents as well as the Panchayat President of Chittor Village Panchayat, Kallikudi Panchayat Union, Madurai to take necessary steps for disbursing the amount due towards the house constructed by the petitioner under the Indira Awaas Yojana Scheme within the stipulated period. The said Writ Petition was disposed of by order dated 06.11.2024, with the following observations:3.Acceding to the request of the Petitioner, this Court, in the interest of Justice and Fair Play, directs the 1st Respondent to look into the Representation of the Petitioner, dated 07.10.2014 and to consider the same in a Pair and Objective manner and to pass a reasoned order, on merits, within a period of six weeks 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 2025from the date of receipt of a copy of this order, (ofcourse after providing enough opportunities to the Petitioner and others concerned, if any, by adhering to the principles of natureal justice).3. Pursuant to the aforesaid order, the petitioner submitted a detailed representation on 29.11.2014. In response thereto, a notice was issued to the petitioner on 26.12.2014. Though the petitioner had duly replied, another notice came to be issued only on 18.05.2025.4. In these circumstances, the petitioner once again approached this Court by filing W.P.(MD) No.644 of 2016, which was disposed of on 11.04.2023 with the following observations:7. In these circumstances, the impugned order cannot be sustained. Although it is submitted that the relevant scheme is no longer in operation, other housing schemes such as the Pradhan Mantri Awas Yojana are currently in operation. In the absence of evidence that the work order was served on the petitioner, the petitioner cannot be penalized for any lapses by the respondents in this regard.8.At the same time, it should be recognized that a positive Mandamus cannot be issued a matter of this nature. consequently, the first respondent is directed to re-consider the request of the 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 2025petitioner for sanction of funds in respect of the house already constructed by him. Such request may be considered under the Pradhan Mantri Awas Yojana Scheme or any other scheme currently in force. After providing a reasonable opportunity to the petitioner, the request of the petitioner shall be disposed of by a reasoned order within a period of two months from the date of receipt of a copy of this order.5. Pursuant to the aforesaid order, the petitioner was issued a notice on 25.05.2025, followed by an undated representation. The matter has now culminated in the passing of the impugned order, dated 25.05.2023, the relevant portion of which reads as follows:kJiu khtl;lk;> fs;spf;Fb Cuhl;rp xd;wpak;> rpj;Jhu; Cuhl;rp Nru;itfhud;gl;b fpuhkj;ij Nru;e;j jpUkjp kh.moF f.ng.khupr;rhkp> vd;gtu; ghu;it(1) nrd;id cau;ePjpkd;w kJiu fpis tof;F vz;.W.P.(MD) No.644 of 2016 tof;F d; gb jPu;g;Giu ehs; 11.04.2023> njuptpj;jthW ghu;it (5) y; fz;l kDjhuu; kD nra;j mbg;gilapy; fPo;fz;lthW tpguk; njuptpf;fg;gLfpwJ.vdNt jpUkjp kh.moF f.ng.khupr;rhkp> vd;gtuJ ngau; gpujk ke;jpup FbapUg;G jpl;lj;jpy; cs;s SECC ru;Nt kw;Wk; Awaas Plus ru;Ntapy; ngau; ,y;yhj fhuzj;jpdhy; tPL toq;f ,aytpy;iy 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 2025vd;gij kDjhuUf;F njuptpf;fg;gLfpwJ.6. It is seen that the petitioner was sanctioned the benefit under the Indira Awaas Yojana Scheme as early as on 28.10.2009, wherein the petitioner was permitted reimbursement towards the cost incurred for purchase of cement and steel rods used for the construction of the house under the said Scheme. 7. It is the specific case of the petitioner that although the benefit under the Scheme was sanctioned in her favour on 28.10.2009, the said sanction order was never communicated to her. Hence, the petitioner was constrained to submit repeated representations. In the interregnum, the petitioner obtained patta jointly along with her husband, K. Marisamy, who had put up the construction. 8. The grievance of the petitioner is that the respondents have now rejected her request for reimbursement of the cost incurred on the ground that the construction does not satisfy the requirements under the Pradhan Mantri Awas Yojana, which is a subsequently introduced scheme.5/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 20259. The learned counsel for the respondents would submit that the construction was completed by the petitioner’s husband independently, after applying for the benefit of the scheme in his own name. 10. On the other hand, the learned counsel for the petitioner would submit that the construction was carried out strictly in accordance with the oral instructions given by the second and third respondents, and therefore, the petitioner is entitled to the benefit under the Indira Awaas Yojana Scheme.11. The earlier notice, dated 26.12.2014, issued by the second respondent bearing reference Na.Ka.No.3345/14/Thi4, had already been considered by this Court in the order referred to supra. Therefore, there is no necessity for this Court to re-examine the same, as the said order has attained finality, pursuant to which the impugned order has now been passed.6/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 202512. On a reading of the impugned order, along with the order dated 11.04.2023 passed in W.P.(MD) No.644 of 2016, it is evident that the directions of this Court have not been complied with in letter and spirit. The petitioner cannot be made to run from pillar to post for securing reimbursement of the amount towards cement and steel rods under the Scheme. 13. Accordingly, there shall be a direction to the first respondent to depute a Construction Engineer/Surveyor to inspect the construction and assess the cost incurred at the relevant time. Based on such assessment, the petitioner shall be reimbursed strictly in accordance with the Scheme and upon certification by the Surveyor, within a period of six weeks from the date of receipt of a copy of this order. The inspection shall be conducted by the Surveyor in the presence of the petitioner and the amount shall be disbursed in terms of the Surveyor’s report.14. With the above direction, this Writ Petition is disposed of. No costs. 22.07.2025NCC : Yes / No7/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 2025Index : Yes / NoInternet : Yes / NoInduTo1.The District Collector, Madurai District, Madurai.2.The Block Development Officer, (Village Panchayats), Kallikudi Panchayat Union, Kallikudi, Madurai District.8/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 2025C.SARAVANAN, J. InduW.P(MD).No.19760 of 202522.07.20259/10 https://www.mhc.tn.gov.in/judis W.P.(MD).No.19760 of 202510/10