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Madras High CourtWP/7792/2019disposed of

N.Manimegalai v. The Tahsildhar

2019-04-24Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.7792 of 2019 N.Manimegalai ... Petitioner versus

1. The Tahsildhar, Tahsildhar's office, Mannargudi, Tiruvarur.

2. The District Collector, District Collector's Office, Tiruvarur District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consider the application made to the respondents on 21.11.2018 and consequently disburse the solatium announced by the Tamilnadu State Government on 16.11.2018 to the family members of the deceased due to the cyclone 'Gaja' during November 2018.

For Petitioner : Mr.R.Vasudevan For Respondents : Mr.R.Govindasamy, Special Government Pleader

O R D E R

The petitioner seeks for a Mandamus to direct the respondents to consider the application made to the respondents on 21.11.2018 and consequently, disburse the solatium announced by the Tamilnadu State Government on 16.11.2018 to the family members of the deceased due to the cyclone 'Gaja' , during November, 2018.

2. The case of the petitioner is as follows:

She and her husband were natives of Paravakkottai Village situated in Mannargudi Taluk, Tiruvarur District. The said

village was one of the worst affected areas due to the cyclone "Gaja". Her husband is an agriculturist and they were living in a thatched hut. At the time of cyclone, they underwent untold misery and hardship. Due to the force of cyclone, a tree uprooted and fell on her husband and he died on the spot. The State Government had already announced solatium on 16.11.2018 for the family members of the deceased persons affected by "Gaja" cyclone. Hence, she made an application for grant of solatium. But to her shock and surprise, she was inromed that her request was rejected on the ground that the application was made without enclosing the postmortem report/certificate. Hence, the present writ petition has been filed with the relief as stated supra.

3. Heard both sides.

4.The grievance of the petitioner is that the request made by her for disbursement of solatium has not been considered by the respondents so far.

5. Needless to say that when an application is filed seeking for solatium announced by the State Government, that too, for the victims of cyclone disaster, such application cannot be kept pending for long a time, as immediate disbursement of such solatium, is very essential for the rehabilitation of those victims.

6. Therefore, this Writ Petition is disposed of by directing the respondents to consider the application given by the petitioner and pass appropriate orders on the request made for grant of solatium, after conducting proper and due enquiry. Such order shall be passed by the respondents within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vsi To

1. The Tahsildhar, Tahsildhar's office, Mannargudi, Tiruvarur.

2. The District Collector, District Collector's Office, Tiruvarur District.

+1cc to Mr.R.Vasudevan, Advocate Sr.39440 +1cc to the Government Pleader Sr.39893 W.P.No.7792 of 2019 srg 12/06/2019