IN RE; G KANNIAPPAN, REGIONAL MANAGER Vs. STATE

JUDGEMENT

(1.) The Government in G.O. Ms. No. 15, Adi-Dravidar and Tribal Welfare Department (SCP), dated 23.01.2004, in order to provide livelihood for poor scheduled caste and scheduled tribes of Tamil Nadu, has announced a Land Purchase Scheme during budget 2003-04. The Tamil Nadu Aadidiravidar Housing and Development Corporation, in short, THADCO was appointed as Nodal Agency to implement the scheme. The main objective of the scheme is as follows;

(2.) As per Clause 4 of the scheme, the beneficiary can purchase and own a maximum of 5 acres of dry land or 2.50 acres of wet land including the land, if any, already owned by the beneficiary. The maximum unit cost was fixed at Rs. 2 lakhs and from this amount, one lakh was fixed for the purchase of land and the balance of one lakh was fixed for land development, irrigation, etc. The financial assistance was in the rate of 50% subsidy and 50% term loan. The subsidy component should be provided by TAHDCO from Special Central Assistance to the Bank, which will in turn release the entire project finance to the beneficiary. The District Selection Committee will select the beneficiary. The Petitioner is one such beneficiary. The Petitioner has submitted an application form on 22.08.2008 for grant of assistance in terms of G.O. Ms. No. 15, dated 23.01.2004. The application was submitted by the Petitioner seeking assistance under three heads i.e. land purchase, land development and land irrigation. There is no specific request for loan for animal husbandry. In proceedings Na. Ka. No. A2/LPS/181/2008, dated 29.01.2009, the assistance was fixed as follows:

(3.) The said proceedings was forwarded to the Manager, State Bank of India, Kariyapatti so as to enable the Petitioner to process Form III with the help of the Bank for further action. The said proceeding was communicated to the writ Petitioner and she received the same on 31.01.2009 and a copy of the same has been enclosed in the typed-set at serial No. 10 in Contempt Petition No. 588 of 2010. The Petitioner has not challenged the order sanctioning assistance as above and failed to approach the Bank. Thereafter, on 17.07.2009, the District Manager, THADCO, sent a letter to the State Bank of India, Kariyapatti Branch enclosing Form III and asking the Bank to issue the provisional sanction order. By the proceedings in A3/946/2006, dated 02.07.2009, (which referred to as 02.09.2009 in W.P. No. 8158 of 2010), the District Manager of THADCO sent a reply to the Petitioner stating that the loan application has been sent to the State Bank of India, Kariyapatti Branch and as and when the provisional sanction order is received, the assistance will be released as per the scheme. This was challenged in W.P. No. 8158 of 2010 and disposed of on 01.07.2010 directing the Regional Manager, THADCO, to pass appropriate orders on the application submitted by the Petitioner within 30 days from the date of receipt of the order. In response to the order of this Court, dated 01.07.2010, i.e. within 30 days, the District Manager, THADCO sent a communication to the Petitioner with a copy marked to the Manager, State Bank of India, Kariyapatti stating that as and when the provisional sanction is granted by the Bank, all the steps will be taken to get assistance and therefore, the Petitioner has to approach the State Bank of India, Kariyapatti Branch. The said communication was refused by the Petitioner. The contemnor/Respondent has enclosed in the typed-set a few of the postal covers, showing that the Petitioner refused to receive, which read as follows: