IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 16727 of 2007(N)
1. THANKAPPAN, S/O.CHOTHI KARUMBAN,
... Petitioner
Vs
1. THE ADIMALI BLOCK PANCHAYATH,
... Respondent
2. THE SCHEDULED CASTE DEVELOPMENT
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent :SRI.N.K.SHYJU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :16/07/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(C).No. 16727 OF 2007
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Dated this the 16th day of July, 2007
JUDGMENT
The prayer in the writ petition is for a direction to the first
respondent to disburse the sanctioned amount of Rs. 85,000/-
towards the financial assistance to the houseless persons from
the Block Panchayath to the petitioner for the purpose of
constructing a residential building.
2. According to the petitioner, petitioner along with his
family consisting of young daughters are permanently residing in
a purambok hut in Konnathadi Grama Panchayat under the first
respondent. First respondent after having due verification,
sanctioned an amount of Rs. 85,000/- to the petitioner as
financial assistance for the purpose of constructing a residential
building, but it is being withheld.
3. A counter is filed by the first respondent, wherein it is
stated interalia as follows:
” The petitioner is the third person in the
WPC No.16727/07 2
India Awas Yogana Scheme list, in the
Konnathudy Grama Panchayath. The petitioner
executed an agreement dated 07/03/2007,
before Adimaly Block Panchayat to get
sanctioned the loan under the INdira Awas
Yogana Scheme.
The Indira Awas Yogana( IAY) is a flagship
scheme of the Ministry of Rural Development to
provide houses to the poor in the rural areas.
The IAY is a centrally sponsored scheme funded
on cost-sharing basis between the Government
of India and the State Governments in the ratio
of 75:25. The objective of the IAY is primarily
to help construction/upgradation of dwelling
units of members of scheduled castes/scheduled
tribes freed bonded labourers and other below
the poverty line non SC/ST households by
providing them a lump sum amount an financial
assistance.”
It is further stated that petitioner is eligible to get a total
amount of Rs. 70,000/- including central assistance and state
assistance. In which share from the central assistance is
Rs. 27,500/ and the Block share ( state Government’s share) is
Rs. 42,500/-. There is reference to the procedure in para 7 and
WPC No.16727/07 3
8. It is stated that petitioner has not complied with such
procedure.
3. Learned Counsel for the petitioner submits that it is
true that petitioner is entitled only to Rs. 70,000/-. He would
also submit that petitioner is bound to follow the procedure
mentioned in the counter affidavit.
The writ petition is disposed of recording the statement in
the counter affidavit and recording the submission of the
petitioner that the petitioner limits his claims to Rs. 70,000/- and
further directing that if the petitioner complies with the procedure
mentioned in the counter affidavit, the amount due to him will be
disbursed without any undue delay.
(K.M.JOSEPH, JUDGE)
sv.
WPC No.16727/07 4