Dismissed

V.S.Jothinatarajan v. District Collector

Madras HC2 Aug 2019WP/5591/2017

Case brief

AI extract

What is this about?

Petitioner challenged the allotment of housing plots alleging political motivation in the selection process. The court found the representation and supporting affidavit lacked material substantiation and public interest litigation requirements were not met.

What did the court decide?

No direction was issued to consider the petitioner's representation. The writ petition was dismissed with no costs awarded.

V.S.Jothinatarajan Vs District Collector — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.08.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR

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and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.5591 of 2017
and
WMP No.5954 of 2017
V.S.Jothinatarajan ... Petitioner
Vs
1.District Collector,
Coimbatore District,
Coimbatore.
2.The Director,
Town Panchayat Division,
Kurulagam, Chennai.
3.The Assistant Director,
Town Panchayat,
Collectorate Campus,
Coimbatore, Coimbatore District.
4.The Executive Officer,
Town Panchayat Office,
Vettaikaran Pudur,
Pollachi Taluk,
Coimbatore District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the
Constitution of India, issuance of a writ of mandamus, to direct
the 4th respondent to consider the representation dated
16.11.2016 sent by the petitioner within a stipulated time.
For Petitioner : Mr.C.Veeraraghavan
For Respondents : Mr.Akhil Akbar Ali
Government Advocate

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

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O R D E R

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(Order of this Court was made by S.MANIKUMAR, J.)

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Complaining that the procedure contemplated in the Scheme for Housing for All, has not been followed, the beneficiaries have not been properly identified, allotment has been made for political reasons, petitioner seemed to have sent a representation dated 16.11.2016 to the Director of Town Panchayat, Chennai, the 2nd respondent. Contending that the said representation has not been considered, petitioner has filed the instant writ petition for a direction to the Executive Officer, Town Panchayat Office, Vettaikaran Pudur, Coimbatore District, the 4th respondent to consider his representation dated 16.11.2016.

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Heard Mr.C.Veeraraghavan, learned counsel for the petitioner and perused the materials available on record.

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Vide proceedings in Roc.No.6580/2016/B2 dated 03.11.2016, Director of Town Panchayat, Chennai has addressed a letter to the Assistant Director of Town Panchayats, All Zones, to take necessary action for preparation of Housing for All Plan of Action (HFAPoAs) and Detailed Project Reports (DPRs) for the year 2016-17. For brevity the letter reads as follows:

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"Roc.No.6580/2016/B2 Dated

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03.11.2016,

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Sub: PMAY - Town Panchayats Administration - Housing For All Mission - Preparation of Town Panchayat wise "Housing for All Plan of Action (HFAPoAs)" and Detailed Project Reports (DPRs) for the year 2016-17 - Regarding.

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Ref: 1. PMAY - Housing for All, Revised

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Guidelines, March 2016.

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Instructions issued during the meeting held on

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24.08.2016 at Directorate.

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This office letter even No.Dated

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26.08.2016.

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Copy of the D.O. Letter

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No.14740/HFA/2015-16 Dated

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07.10.2016, received from the Principal Secretary /

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Managing Director, Tamil Nadu Slum Clearance Board,

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Chennai (addressed to the Principal

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Secretary to

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Government, Municipal Administration and

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Water Supply

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Department, Secretariat, Chennai - 9)

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

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From the Special Secretary to Government, Municipal Administration and Water Supply Department, Secretariat,

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Chennai, letter No.17431/MA.II/2016-4, dated 17.10.2016.

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In the references 3rd cited, it has been

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instructed to survey the households in the Town Panchayat and to identify the beneficiaries in the survey form from 4 verticles under "Housing for Allegation"

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In this regard, enumerators have been engaged and survey has been completed.

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In the reference 4th cited (copy enclosed), the Principal Secretary / Managing Director, Tamil Nadu Slum Clearance Board, Chennai has requested to prepare, 'Housing for All Plan of Actions (HFAPoAs) for all the Town Panchayats based on the outcome of demand survey and submit the same to the Tamil Nadu Slum Clearance Board, Chennai for getting the approval of State Level Sanctioning and Monitoring Committee (SLSMC). Further, it has been directed to prepare the Detailed Project Reports (DPRs) covering at least 1,00,000 beneficiaries and sent to the Tamil Nadu Slum Clearance Board, Chennai, early so that they can be got approved by the State Level Sanctioning and Monitoring Committee (SLSMC) and forwarded to the Central Sanctioning and Monitoring Committee (CSMC) for consideration.

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In the reference 5th cited (enclosed), the Special Secretary to Government, Municipal Administration and Water Supply Department, has requested to furnish the details called for by the Tamil Nadu Slum Clearance Board for taking further action in the above matter.

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Therefore, it is requested to take necessary action for preparation of "Housing For All Plan of Actions (HFAPoAs) and Detailed Project Reports (DPRs) for the year 2016-17 and to submit the same to this Directorate on or before 08.11.2016.

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Encl.: As above.

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Sd./-K.Maharabushanam Director of Town Panchayats

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//By Order//

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Sd/for Director of Town Panchayats.

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

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Directorate of Town Panchayats Statement showing the details of Huts / Mud houses in the Town Panchayat for the year 2016-17

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Sl	Name of	Name of	No. of	Huts	/ Mud	houses No.of	Bal
.N	the	Town	wi	th cle	ar Pat	ta housing	anc
o	District	Panchaat				units	e
.		y	FMudwa li with thatc hed roof	Mudwa li with GI/AC sheet s	Mudwa li with tiled roof	Total Huts (4+5+ 6+7) allotted under GH scheme for the year 2015-16	hut s ava ila ble
1	2	3	4 5	6	7	8 9	10
1	Coimbatore	Suleeswar anpatti	2 33	22	44	126 9	117
2	Coimbatore	Gudalur	3 0	13	81	133 9	124
3	Coimbatore	Thondamut hur	7 40	31	60	201 57	144
4	Coimbatore	Periyanai ckenpalay am	0 0	35	142	177 12	165
5	Coimbatore	Alandurai	2 6	110	124	242 57	185
6	Coimbatore	Kottur	1 2	28	154	202 14	188
7	Coimbatore	Dhaliyur	8 7	16	221	252 57	195
8	Coimbatore	Sarkarsam akulam	4 10	19	140	211 15	196
9	Coimbatore	Vedapatti	9 0	24	249	282 57	225
10	Coimbatore	Anaimalai	1 45	50	138	248 17	231
11	Coimbatore	N.S.N.Pal ayam	0 21	35	241	297 21	276
12	Coimbatore	Annur	2 25	13	246	306 21	285
13	Coimbatore	Peruru	2 7	11	304	346 58	288
14	Coimbatore	Sirumugal	7 22	8	246	346 24	322
15	Coimbatore	Vellalore	5 7	23	321	356 25	331
16	Coimbatore	Moppiripa layam	7 0	2	327	400 28	372
17	Coimbatore	Madukkara i	2 34	61	314	429 50	379
18	Coimbatore	Idigarai	1 0	70	337	417 29	388

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

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Sl .N	Name of the	Name of Town	No. of Huts with cle	/ Mud h ar Patt	ouses a No.of housing	Bal anc
o.	District	Panchayat	FMudwa li with thatc hed roof Mudwa li with GI/AC sheet s	Mudwa li with tiled roof	Total Huts (4+5+ 6+7) units allotted under GH scheme for the year 2015-16	e hut s ava ila ble
19	Coimbatore	Pooluvapa tti	1 32 37	291	475 58	417
20	Coimbatore	Odayakula m	7 221 31	137	467 33	434
21	Coimbatore	Othakkalm andapam	6 3 99	419	527 37	490
22	Coimbatore	Karumatha mpatti	4 14 58	447	561 39	522
23	Coimbatore	Vettaiaka ranpudur	2 97 98	159	617 43	574
24	Coimbatore	Karamadai	2 2 69	602	697 49	648
25	Coimbatore	No.04 Veerapand i	0 124 274	698	1096 77	101 9
	Total	25	9 752 1237	6442	9411 896	851 5
Dir ext	4. Repres ector of racted. "Sir, Sub: "Hous	entation Town Panc e to all"	dated 16.11. hayats, Chen Scheme - benef - regarding. *****	2016, nai, iciari	addressed to 1st respondent es selection	the is

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That in the provision of "Houses" to all scheme of the Govt. of India, in accordance with the letter No.ROC.6580/2016/B2, dt. 3.11.2016, of the Director of Town Panchayats, of Tamil Nadu, after making allotments of 43 plots of Green Houses, there were the remaining 574 houses have been stand allotted to the eligible beneficiaries as per the list prepared thereof and accordingly the said list has been directed to be submitted to this office hereto;

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It is hereby informed that by making publication through local tom tome (Thandura) and by informing

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

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to the general public in the Notice Board of the Town Panchayat office V.A.O. office and in important offices there have been applications being received and thereby the same was taken into consideration thereon and thereby the appropriate beneficiaries may be selected has been governed under the concerned Rules thereof;

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But however, by anticipating the forthcoming Elections for the Local Councils, in accordance with the desires of the ruling political parties, the list of beneficiaries are prepared and accordingly the same was sent over to the office of the Director; as could be ascertained therein;

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Hence, under the above circumstances, the real beneficiaries were unable to get their benefits; Hence, under the above situations, the Govt. of India's objects of the purpose for which the above provision of houses, was formulated could not be implemented (i.e. provision of houses to all general public) thereto;

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Hence, by making publications to the general public, and by receiving applications thereof, the consequential beneficiaries under the scheme may be selected as requested by me herewith;"

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Though, the petitioner has contended that anticipating forthcoming elections for the local bodies, allotment has been made on whims and fancies, for political gains, there is no material substantiating the same. Both the representation as well as the supporting affidavit are bereft of details. Instant writ petition does not satisfy the requirement of a public interest litigation.

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In such circumstances, there is no need to issue any direction to consider the representation of the petitioner. Therefor, Writ petition is dismissed. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

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Sub Assistant Registrar

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ars

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

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To
1.District Collector,
Coimbatore District,
Coimbatore.
2.The Director,
Town Panchayat Division,
Kurulagam, Chennai.
3.The Assistant Director,
Town Panchayat,
Collectorate Campus,
Coimbatore, Coimbatore District.
4.The Executive Officer,
Town Panchayat Office,
Vettaikaran Pudur,
Pollachi Taluk,
Coimbatore District.
+1cc to Mr.C.Veeraraghavan Advocate, S.R.No.66438
+1cc to the Government Pleader, S.R.No.67069
KS(CO)
CB(12/09/2019)
W.P.No.5591 of 2017
and WMP Nos.5954 of 2017

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

V.S.Jothinatarajan v. District Collector

Case brief

What is this about?

What did the court decide?

V.S.Jothinatarajan v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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