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Madras High Court

M.Prabakaran vs Union Of India on 24 June, 2019

Author: M.Sathyanarayanan

Bench: M.Sathyanarayanan, B.Pugalendhi

                                                          1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 24.06.2019

                                                       CORAM

                          THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
                                              AND
                             THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                          W.P.(MD)No.14086 of 2019



                      M.Prabakaran                                     ... Petitioner
                                                         Vs.


                      1.Union of India,
                        represented by the Secretary,
                        Pradhan Mantri Awas
                          Yojana Housing for all (Urban),
                        Ministry of Housing and Urban Affairs,
                        New Delhi.

                      2.The Government of Tamil Nadu,
                        represented by the Secretary,
                        Housing for all(Urban),
                        Ministry of Housing and Urban Affairs,
                        St.George Fort, Chennai.

                      3.The District Collector,
                        Sivagangai District,
                        Sivagangai.

                      4.The Deputy Superintendent of Police,
                        Vigilance and Anti Corruption,
                        No.3/391, Kanjarangai,
                        Thirupathur Road,
                        Sivagangai District.



http://www.judis.nic.in
                                                        2


                      5.The Superintendent of Police,
                        Sivagangai District,
                        Sivagangai.

                      6.The Inspector of Police,
                        Manamadurai Police Station,
                        Sivagangai District.

                      7.Kannadhasan                         ... Respondents

                      Prayer : Petition filed under Article 226 of the Constitution of India,
                      to issue a Writ of Mandamus, to direct the respondents 1 to 6 to
                      prevent the seventh respondent (working as the Clerk at Mangulam
                      Panchayat, Sivagangai District), corruption in the process of
                      Pradhan Mantri Awas Yojana, Housing for all (Urban) at Mangulam
                      Village Panchayat, Manamadurai, Sivagangai District, based on the
                      petitioner's representation dated 13.05.2019.


                                For Petitioner     : Mrs.S.Prabha
                                                   for Mr.S.Gokulraj

                                For Respondents : Mr.C.Nandagopal
                                                 Central Government Standing Counsel
                                                          for R.1
                                                 : Mr.J.Gunaseelan Muthiah
                                                 Additional Government Pleader
                                                          for R.2 to R.6
                                                      ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J) The Writ Petitioner, who claims to be a Public Interest Litigant, would state that he is an agriculturist and a resident of Azhagar Kovil Road, Manamadurai, Sivagangai District and according http://www.judis.nic.in 3 to him, the seventh respondent, who is working as a clerk at Mangulam Panchayat, Sivagangai District indulges in corruption and also acts on extraneous consideration in processing the application for building affordable houses under Pradhan Mantri Awas Yojana (PMAY) Scheme and also submitted a representation dated 13.05.2019 to the third respondent, pointing out the deficiencies.

2. The learned Counsel appearing for the petitioner would submit that though the said representation was received by the office of the third respondent as early as on 13.05.2019, no response is forthcoming and hence, the petitioner has come forward to file this writ petition.

3. Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, accepts notice on behalf of the third respondent and in the facts and circumstances, this Court is of the considered view that notices to the respondents 1, 2, 4 to 7 are not necessary.

4. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances, directs the http://www.judis.nic.in 4 third respondent, or through his subordinate officials, to cause verification of the contents of the representation dated 13.05.2019 submitted by the petitioner and after putting the seventh respondent on notice, pass appropriate orders and dispose of the representation in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the seventh respondent.

5. The Writ Petition is disposed of accordingly. No costs.




                                                          [M.S.N.J.,]   [B.P.J.,]
                                                                24.06.2019
                      Index    :Yes/No
                      Internet :Yes/No
                      ssl

                      To
                      1.The Secretary,
                        Union of India,
                         Pradhan Mantri Awas

Yojana Housing for all (Urban), Ministry of Housing and Urban Affairs, New Delhi.

2.The the Secretary, Government of Tamil Nadu, Housing for all(Urban), Ministry of Housing and Urban Affairs, St.George Fort, Chennai.

http://www.judis.nic.in 5

3.The District Collector, Sivagangai District, Sivagangai.

4.The Deputy Superintendent of Police, Vigilance and Anti Corruption, No.3/391, Kanjarangai, Thirupathur Road, Sivagangai District.

5.The Superintendent of Police, Sivagangai District, Sivagangai.

6.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

http://www.judis.nic.in 6 M.SATHYANARAYANAN,J.

AND B.PUGALENDHI,J.

ssl W.P.(MD)No.14086 of 2019 24.06.2019 http://www.judis.nic.in