P.Sarangan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.6151 of 2009 and M.P.No.1 of 2009 P.Sarangan

...Petitioner

Vs 1.The Secretary, Department of Fisheries, Fort St.George, Chennai - 600 009.

2.The District Collector, Cuddalore District, 3.The Port Officer, Cuddalore Port, 4.The Assistant Director, Fisheries Department, Cuddalore 3.

5.The Superintendent of Police, Cuddalore 3.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.15,70,000 (Rupees Fifteen Lakhs and Seventy Thousand only) to the petitioner together with cost and interest for the loss of petitioner boat STB 21 Registration No.875 on 24.12.84 on rescue operation due to cyclone at Cuddalore. For Petitioner : Mr.P.Vijayendran For Respondents: Mr.J.Ramesh Additional Government Pleader

ORDER

The prayer sought for in this writ petition is to direct the respondents to pay a sum of Rs.15,70,000 (Rupees Fifteen Lakhs and Seventy Thousand only) to the petitioner together with cost and interest for the loss of petitioner's boat STB 21 Registration No.875 on 24.12.84, which was used for rescue operation due to cyclone at Cuddalore.

2. According to the petitioner, he is a fisherman at Sonangkuppam Village, Cuddalore District and owned a boat STB-21 bearing Registration No.875. During the cyclone on 24.12.1984, at the request of the Inspector of Police, Cuddalore and the President of Village Panchayat, the petitioner along with three other fishermen used his boat, to rescue the sinking ship 'M.V.Mothi', during the course of which, his boat got damaged. Seeking compensation, the petitioner submitted several representations to the respondents, but, the same were not considered. Hence, the petitioner is before this Court.

3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice, if the petitioner is granted liberty to approach the respondent authorities with a fresh representation for appropriate relief, for which, the learned Additional Government Pleader appearing for the respondents have no serious objection.

4. Granting such liberty to the petitioner, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed.

ms Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary, Department of Fisheries, Fort St.George, Chennai - 600 009.

2.The District Collector, Cuddalore District,

3.The Port Officer, Cuddalore Port, 4.The Assistant Director, Fisheries Department, Cuddalore 3.

5.The Superintendent of Police, Cuddalore 3.

+1cc to the Govt.Pleader, Vide Sr.No.80899 W.P.No.6151 of 2009 and M.P.No.1 of 2009 Kak(23/05/2019)