LAWS(MAD)-2020-9-160

S.SANNASI Vs. DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT

Decided On September 24, 2020
S.Sannasi Appellant
V/S
DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT Respondents

JUDGEMENT

(1.) Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the respondents 1 & 2, the learned Government Advocate appearing for the third respondent and the learned counsel appearing for the fourth respondent.

(2.) The writ petitioner purchased the property comprised in new Survey No.1617/27 measuring 999 sq.ft. under two registered sale deeds. He applied to the Local-body for availing financial assistance for putting up the construction. The Government had announced a scheme known as "Housing for All ". In terms of the scheme, the petitioner is entitled to receive a sum of Rs.2,10,000/-. The said amount is to be disbursed stage by stage. The petitioner was sanctioned with the said financial assistance. But the fourth respondent who is the owner of the adjacent site had levelled allegations that the petitioner had committed encroachment. The fourth respondent had also filed a civil suit in this regard in O.S.No.264 of 2015 on the file of the Principal District Munsif Court, Srivilliputhur. Citing the pendency of the suit and the allegations made by the fourth respondent, the third respondent had withheld the assistance payable to the petitioner herein. The fourth respondent had made their position known by the impugned communication dated 18.06.2020. This is under challenge in this writ petition.

(3.) The Official respondents have filed a detailed counter affidavit and the learned Special Government Pleader appearing for the respondents 1 & 2 and the learned Government Advocate appearing for the third respondent, reiterated the contentions set out therein.