1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2867 of 2011 G.Panchapakesan alias Panjami ... Petitioner Vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.Karkudi Panchayat by its Executive Officer, Karkudi, Royampettai Post, Thiruvaiyaru,(via) Thanjavur District. 3.The Village Administrative Officer, Karkudi Village, Royampettai Post, (via)Thiruvaiyaru, Thanjavur District. 4.G.Ravi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 herein from allocating funds to the 4th respondent under Kalaignar Veedu Vazhangum Thittam (Housing Scheme) in respect of land measuring 2 ¾ cents out of 7 ½ cents in Survey No.97/14, Middle Street, Karkudi Village, Karkudi Taluk, Thanjavur District. For Petitioner : Mr.D.Rajagopal For Respondents 1-3 : Mr.K.Balasubramanian, Additional Government Pleader. For 4th Respondent : No Appearance O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader, takes notice on behalf of the respondents 1 to 3. By consent, the writ petition itself is taken up for final disposal at the admission stage. 2.The prayer in the writ petition is to forbear the respondents 1 to 3 from allotting funds to the fourth respondent under Kalaignar Veedu Vazhangum Thittam (Housing Scheme) in respect of land measuring 2¾ cents out of 7½ cents in Survey No.97/14, Middle Street, Karkudi Village, Karkudi Taluk, Thanjavur District. 3.The petitioner contends that he is the co-owner of the property. According to the petitioner, he filed a suit for partition. The said suit was dismissed. Against which, he preferred a first appeal and https://hcservices.ecourts.gov.in/hcservices/ 2 the same was also dismissed. Thereafter, he preferred a second appeal before this Court in S.A.No.577 of 2009 is pending before this Court wherein no interim order was granted. He further contends that the fourth respondent is his own brother sought for allocation of funds for putting up a house under Kalaignar Veedu Vazhangum Thittam (Housing Scheme). According to him, he has approached the authorities for grant of the same and they have also inspected and measured the property. The only contention of the petitioner is that the fourth respondent has claimed as a owner of the property but inasmuch as the second appeal is pending even though the suit for partition has been dismissed, ultimately, if the second appeal is ended in his favour, then he may have got right in the property in question. Therefore, the authorities should not have granted funds in his favour under the scheme in respect of the property. Hence, the present the writ petition. 4.It is rather a unfortunate case, a brother coming to the court to stall any legal benefit enuring to a person under the Government benevolent scheme. The only contention raised by the petitioner is that earlier he filed a suit for partition, unfortunately, his suit has been dismissed by both the trial Court as well as the first appellate Court and admittedly, the second appeal is pending before this Court. As on date, his right has been negatived by the two courts below. He only contended that if the second appeal is decided in his favour, he will get 1/3rd share in the property but even then, if any addition is done to the property it would enure to all the parties concerned without taking into consideration this vital fact, unfortunately this writ petition has been filed. Suffice to state that any benefit added to the property will always enure all the parties concerned, therefore, the fourth respondent will definitely be entitled to claim any scheme under law, if he is eligible. Hence, the writ petition is premature, at this stage. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur. 2.The Executive Officer, Karkudi Panchayat, Karkudi, Royampettai Post,Thiruvaiyaru, Thanjavur District. 3.The Village Administrative Officer, Karkudi Village, Royampettai Post, (via)Thiruvaiyaru, Thanjavur District. +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.6230 +1CC TO MR.D.RAJAGOPAL, ADVOCATE SR.6085 Sms SR : 01.04.2011 : 2p/6c Writ Petition (MD)No.2867 of 2011 https://hcservices.ecourts.gov.in/hcservices/