G.Vadivel, v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.2256 of 2016 G. Vadivel ... Petitioner Vs

1. The Secretary, Ministry of Home Affairs, Parliament House, New Delhi.

2. The Principal Secretary, Department of Home, Government of Tamilnadu, Fort St. George, Chennai 600 009.

3. The Collector, Vizhupuram, Vizhupuram District.

... Respondents Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents to grant relief under Natural Disaster Relief Fund to the petitioner announced by the respective Governments. For Petitioner :

Mr.S.T.Varadarajulu For Respondents :

Mr.V. Subbiah, Special Govt. Pleader

O R D E R

The present Writ Petition has been filed praying for issuance of a mandamus upon the respondents for granting relief under Natural Disaster Relief Fund to the petitioner announced by the respective Governments.

2. Heard Mr. S.T.Varadarajulu learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who took notice for the respondents.

3.

The petitioner is a resident of Rottu Theru, Thoppaiyankulam Village, Vanampet Post, Ulundurpettai Taluk, Vizhupuram District. During 2015, due to flooding of his entire village, owing to heavy down pour of rain in that area, the mud wall of the hut got collapsed and fell down on the petitioner's mother who was sleeping near the wall and in that incident, the petitioner's mother died.

4.As the State and Central Governments have announced Rs.4 lakhs and 2 lakhs respectively to those families who have lost a member in that family, the petitioner approached the 3rd respondent to get the natural disaster relief fund from the Government and in pursuant of which, Senthanadu Panchayat Union also passed a resolution on 14.11.2015 through a resolution number 52, resolving to take steps to get the relief, but the 2nd respondent is not taking any steps to provide relief to petitioner's family. It is the grievance of the petitioner that though he had lost his mother in the natural calamity and the panchayat has also passed resolution to that effect, still the 3rd respondent is not taking any effective steps to sanction the amount. Therefore the petitioner gave a representation on 23.11.

2015 before the 3rd respondent and also on 30.11.2015 before the Village Administrative Officer, Senthanadu to take steps to get relief from the Government of Tamilnadu. Despite the same, the 3rd respondent is not taking any effective steps to sanction the amount. Hence the petitioner is before this court with this writ petition.

5. Learned counsel for the petitioner submitted that citing various reasons, the petitioner submitted his representation on 23.11.2015 to the 3rd respondent and the same is pending till date, without any action.

6. Learned Special Govt. Pleader submitted that there is no proof for submission of such representation.

7. In the light of the above submissions, this court, without going into the merits of the case, in the interest of justice, directs the petitioner to submit the copy of the representation dated 23.11.2015 along with a copy of this order before the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order and on such representation, the 3rd respondent is directed to pass necessary orders within a period of six weeks thereafter.

8.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar msr To

1. The Secretary, Ministry of Home Affairs, Parliament House, New Delhi.

2. The Principal Secretary, Department of Home, Government of Tamilnadu, Fort St. George,Chennai 600 009.

3. The Collector, Vizhupuram, Vizhupuram District.

1 cc to Mr.S.T. Varadarajulu, Advocate, Sr. 4002 1 cc to Government Pleader, Sr. 4171 W.P.No.2256 of 2016 SK (CO) kk 18/2