High Court Kerala High Court

Thankappan vs The Adimali Block Panchayath on 16 July, 2007

Kerala High Court
Thankappan vs The Adimali Block Panchayath on 16 July, 2007
       

  

  

 
 
  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