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Madras High CourtWP/31477/2016disposed of

K.Sekar v. The Chief Secretary

2016-09-09Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 09.09.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.31477 of 2016 K.Sekar ..

Petitioner

Versus

1. The Chief Secretary Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The District Collector O/o. The District Colllector Chennai District, Chennai-600 001.

3. The Tahsildar Tondiarpet Taluk, Tondiarpet Chennai-600 081 ..

Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned letter No.Aa2/6506/2015 dated 13.06.2016 on the file of the 3rd respondent and quash the same and directing the respondent to pay solatium of Rs.4,00,000/- from the Disaster Relief fund at par with other victims of the recent flood as compensation for the untimely demise of the Petitioner's daughter namely Mythili aged about 11 years based on his representation dated 19.11.2015 and 30.11.2015.

For Petitioner : Mr.S.Kumara Devan For Respondents: Mr.A.Kumar Special Government Pleader

O R D E R

By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

2. This Writ Petition has been filed challenging the https://hcservices.ecourts.gov.in/hcservices/

impugned letter No.Aa2/6506/2015 dated 13.06.2016 on the file of the third respondent and quash the same and directing the respondent to pay solatium of Rs.4,00,000/- from the Disaster Relief fund at par with other victims of the recent flood as compensation for the untimely demise of the Petitioner's daughter namely Mythili aged about 11 years based on his representation dated 19.11.2015 and 30.11.2015.

2. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents has submitted that as against the impugned order passed by the second respondent dated 13.06.2016, the petitioner can file an appeal before the District Collector, i.e. the second respondent.

3. In view of the submissions made by the learned Special Government Pleader, the petitioner is directed to move an appeal, within a period of fifteen days from the date of receipt of a copy of this order and on such appeal being filed, the second respondent is directed to consider the same sympathetically, as per law.

4. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr To

1. The Chief Secretary Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The District Collector O/o. The District Colllector Chennai District, Chennai-600 001.

3. The Tahsildar Tondiarpet Taluk, Tondiarpet, Chennai-600 081 1 cc to Mr.S.Kumaradevan, Advocate, sr.51375 Writ Petition No.31477 of 2016 rj co kra 23.09.2016 https://hcservices.ecourts.gov.in/hcservices/