1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.1520 of 2011 P.Varadha Naicker : Petitioner Vs 1. The District Collector Karur District Karur 2. The Project Officer Office of the Collectorate Karur District Karur 3. The Commissioner Kadavoor Panchayt Union Tharagampatty Kadavoor Taluk Karur District 4. The Deputy Superintendent of Police Kulithalai Karur District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to implement his order in Na.Ka.No. A2/614/2010 dated 27.08.2010 with the help of the fourth respondent and consequently remove the petitioner's small hut and construct the concrete permanent house in Natham Survey No. 392/8B in Patta No. 566 an extent of 0.2.5 cents situate in Parapatty, Vellapatty Village, Kadavoor Panchayat Union of Kadavoor Taluk, Karur District. For Petitioner : Mr.K.Asok Kumar Ram For RR 1, 2 & 4 : Mr.K.Balasubramanian Additional Government Pleader For 3rd Respondent : Mr.S.Shanmugavel O R D E R The petitioner has come forward with this Writ Petition seeking for a Mandamus directing the third respondent to implement his order in Na.Ka.No. A2/614/2010 dated 27.08.2010 with the help of the fourth respondent and consequently remove the petitioner's small hut and construct the concrete permanent house in Natham Survey No. 392/8B in Patta No. 566 an extent of 0.2.5 cents situate in Parapatty, Vellapatty Village, Kadavoor Panchayat Union of Kadavoor Taluk, Karur District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned counsel appearing for the petitioner would submit that as per the Government Scheme under Kalaingnar House Distribute Scheme 2010-2016, the petitioner was identified by the respondents 1 and 3, as one of the beneficiaries. He would further submit that the first respondent gave administrative permission in his proceedings dated 25.08.2010 to remove the hut and construct the concrete permanent house with conditions. He would also submit that the petitioner has fulfilled all the conditions, though as per the order, the work has to be completed within a period of nine months, but, it was not done so. Therefore, the petitioner has filed this Writ Petition. 3. The learned counsel appearing for the third respondent has filed a counter affidavit, in which, it is clearly admitted that the petitioner is a beneficiary under the Scheme and his documents have been verified, which is genuine one and the Commissioner, Kadavoor Panchayat Union, has issued a work order pursuant to the sanction by the Collector, dated 25.08.20120. The only grievance which they stated that when they went to implement the work order, on 27.08.2010, the neighbours of the petitioner raised voice and obstructed the Government Officials from doing the work. He would only contend that if the fourth respondent gives protection, they are prepared to do the work and complete the work. 4. The learned counsel appearing for the fourth respondent has also filed a counter affidavit that when the petitioner is entitled as per the Government Scheme, they will give due protection to complete the work. 5. Heard all the parties. 6. In the counter itself, the third respondent has stated that the petitioner is a beneficiary under the Scheme and the orders have been passed by the Collector as well as the Commissioner to put up a construction in the erstwhile hut, the order has to be implemented in accordance with law. As rightly pointed out in the counter, if there is any obstruction by the neighbours for putting up the construction, the fourth respondent will give due protection. 7. Accordingly, this Court is inclined to direct the third respondent to implement the order, dated 27.08.2010. If any obstruction by the neighbours of the petitioner, the fourth respondent is directed to give due protection to do the work and complete the same. 8. With the above said direction, this Writ Petition is disposed of. vsg Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1. The District Collector Karur District Karur https://hcservices.ecourts.gov.in/hcservices/ 3 2. The Project Officer Office of the Collectorate Karur District Karur 3. The Commissioner Kadavoor Panchayt Union Tharagampatty Kadavoor Taluk Karur District 4. The Deputy Superintendent of Police Kulithalai Karur District +1 cc to Mr.K.Ashok Kumar Ram, Advocate SR.No.14260. W.P.(MD).No.1520 of 2011 Dated:20.04.2011 3P/6C RPB 28.04.2011 https://hcservices.ecourts.gov.in/hcservices/