R.Karthikeyan, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.6270 OF 2019 R.Karthikeyan .. Petitioner Vs.
1. The District Collector, Tiruvarur District, Tiruvarur.
2. The Revenue Divisional Officer, Revenue Divisional Office, Mannargudi, Tiruvarur District.
3. The Tahsildar, Taluk Office, Tiruthuraipoondi, Tiruvarur District .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to extend the benefit announced by the Government of Tamil Nadu to the families of the deceased persons due to Gaja storm disaster in Tiruvarur District to the tune of Rs.10 lakh to the petitioner's family.
For Petitioner : Mr.N.Palanivel for Mr.K.M.Subramanian For Respondents 1 to 3 : Mr.P.Gurunathan, Additional Government Pleader.
O R D E R
The petitioner has filed this petition under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to extend the benefit announced by the Government of Tamil Nadu to the families of the deceased persons due to Gaja storm disaster in Tiruvarur District to the tune of
Rs.10 lakh to the petitioner's family.
2. The case of the petitioner is that his father namely N. Ramamurthy was passed away on 16.11.2018 due to the Gaja storm disaster. Thereafter, with regard to the same, a complaint was lodged by the Village Administrative Officer u/s 174 of Cr.P.C in Crime No.585 of 2018 in which the investigation was completed and the deceased body was also taken for postmortem to the Government hospital. Thereafter, the legal heirs of the deceased made an application to the 3rd Respondent for availing the benefit of death relief to the tune of Rs.10 lakh announced by the Government of Tamil Nadu on account of the Gaja storm disaster. Later, the 1st Respondent informed the petitioner that the name of his deceased father has not been listed in the Collectorate due to which the aforementioned benefit cannot be granted to the petitioner. Hence, the present Writ Petition is filed seeking the above relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to extend the benefit announced by the Government of Tamil Nadu to the tune of Rs.10 lakh to the legal heirs of the deceased, within a particular time frame fixed by this Court
4. On the above contentions, this Court heard the learned counsel for the petitioner and perused the materials available on record.
5. In view of the limited relief sought for, this Court without going into the merits of the case, directs the petitioner to file a claim application with regard to grant of death relief to the deceased families due to the Gaja Storm disaster as announced by the Government of Tamil Nadu before the District Legal Services Authority, Tiruvarur within a period of two weeks from the date of receipt of a copy of this Order. On such application being filed, the District Legal Services Authority, Tiruvarur shall and take up the case of the petitioner before the concerned Authority in accordance with law. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar NHS
To
1. The District Collector, Tiruvarur District, Tiruvarur.
2. The Revenue Divisional Officer, Revenue Divisional Office, Mannargudi, Tiruvarur District.
3. The Tahsildar, Taluk Office, Tiruthuraipoondi, Tiruvarur District.
4. The Secretary, The District Legal Services Authority, Tiruvarur.
+1cc to Mr.K.M.Subramanian, Advocate, S.R.No.65451 W.P.No.6270 of 2019 SRA(CO) RLP(28/12/2021)