R. Shankar v. District Collector Villupuram District
2012-06-18
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsel for the petitioner, as well as the learned counsels appearing on behalf of the respondents. 2. It has been stated that the petitioner is the Vice-President of the Karayampalayam village, in Sankarapuram Taluk, Villupuram District, consisting of 90 families. The Government of Tamil Nadu had announced a scheme to provide Green houses, with solar power, to certain categories of people, including widows, physically handicapped and mentally depressed persons. As per the said Scheme, the first respondent had allotted 35 houses for the Village and had directed the fourth respondent and the other authorities concerned to submit a list of eligible beneficiaries, by passing a Grama Sabha resolution. 3. It has been further stated that the fourth respondent and the Secretary of the Panchayat had colluded in approving a list of 35 beneficiaries, without the proper approval of Grama Sabha. The list had included a number of persons, who were well-off and some of them have pucca houses of their own. The petitioner and the other deserving persons had agitated the matter and had submitted representations to the authorities concerned, including the first respondent. Thereafter, an enquiry had been conducted, by the second respondent, on 21.3.2012. However, the fourth respondent, in collusion with certain other authorities, had selected the beneficiaries, contrary to the terms and conditions of the Government Order, issued in respect of the Scheme. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 4. The learned Government Advocate, appearing for the respondents, had submitted that, in view of the objections raised by the petitioner and certain other persons, an enquiry had been conducted. Four names, which had been included in the list of beneficiaries, had been removed, as they were found to be ineligible for the allotment of houses, under the Scheme. All the other persons, whose names are found in the list of beneficiaries, have been found to be eligible for the allotment of the houses, under the Scheme. 5. It has also been stated that it is not open to the petitioner to agitate the matter, by filing a writ petition before this Court, under Article 226 of the Constitution of India. The petitioner has not been in a position to show that he is an aggrieved person.
5. It has also been stated that it is not open to the petitioner to agitate the matter, by filing a writ petition before this Court, under Article 226 of the Constitution of India. The petitioner has not been in a position to show that he is an aggrieved person. Further, the present writ petition has not been filed as a Public Interest Litigation, which would, in normal course, be heard by a Division Bench of this Court. Further, the mistakes, that had taken place, inadvertently, in preparing the list of beneficiaries, had been rectified, pursuant to the representation made by the petitioner and certain other persons. In such circumstances, the present writ petition is liable to be dismissed. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, this Court is of the considered view that the original list of beneficiaries, in respect of which the petitioner had been aggrieved, had been modified, subsequently, based on the representation made by the petitioner and certain other persons. 7. It has also been noted that the names of four persons had been deleted from the list of beneficiaries, as they were found to be ineligible for the allotment of the houses, under the proposed scheme. Further, the issue relating to the maintainability of the writ petition has also been raised by the respondents. In fact, the petitioner has not been in a position to show, by sufficient evidence, that he is an aggrieved person. In such circumstances, no further orders are necessary in the present writ petition and therefore, the writ petition stands closed. No costs. Connected M.P.Nos.1 and 2 of 2012 are closed.