Mrs.Manjula, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2016 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.9733 of 2016 Manjula ... Petitioner vs.

1. The State of Tamil Nadu Rep. by its Chief Secretary to Government, Secretariat, Fort St. George, Chennai - 9.

2. The Secretary to Government Revenue Department, Secretariat, Fort ST. George, Chennai - 9.

3. The District Collector Vellore, Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents herein to sanction the flood relief fund to the petitioner, based on her representation, dated 28.12.2015 within the time frame fixed by this Court. For Petitioner : Mr.S.Arokia Maniraj For Respondents: Mr.V.S.Ramesh Govt. Advocate

O R D E R

The writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of writ of mandamus, directing the respondents herein to sanction the flood relief fund to the petitioner, based on her representation, dated 28.12.2015 within the time frame fixed by this Court.

2. The petitioner has averred in the affidavit that her husband, who was the bread winner of their family, worked as a

coolie for daily wages and the family has no other source of income. While so, during the first week of December, 2015, when there was heavy rain in Tamil Nadu, on 08.12.2015, the entire area where the petitioner was residing with his family was surrounded by flood and the house of the petitioner was almost drowned in water and due to which, the husband of the petitioner fell down and drowned in the flood and died. Immediately the same was intimated to the Panchayat President as well as to the Village Administrative Officer and they failed to take action. Thereafter, the petitioner lodged a complaint before the Inspector of Police, Arakkonam Police Station and FIR was registered in Crime No.617 of 2015 under Section 174 of CR.P.C for the death due to drowning.

3. It is stated that the petitioner sent a representation, dated 28.12.2015 to all the respondents with a request to sanction the flood relief fund, due to the death of her husband. But there is no reply from the respondents. Hence, the petitioner has approached this Court, by way of filing the present writ petition, seeking for the relief as stated supra.

4. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents.

5. Considering the facts and circumstances and after hearing the submissions of both sides and pursuing the material papers, I am of the opinion to direct the respondents to dispose the representation of the petitioner. Accordingly, respondents are directed to consider the representation of the petitioner, dated 28.12.2015 and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order, after providing reasonable opportunity to the petitioner.

6. With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar tsvn

To

1. The Chief Secretary to Government Govt. of Tamil Nadu, Secretariat, Fort St. George, Chennai - 9.

2. The Secretary to Government Revenue Department, Secretariat, Fort ST. George, Chennai - 9.

3. The District Collector Vellore, Vellore District.

+1 cc to Government Pleader, sr.17372 W.P.No.9733 of 2016 ak co kra 01.04.2016