Muthuvel Naicker v. The Relief Commissioner /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2015 Coram THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).No.14768 of 2015 Muthuvel Naicker :Petitioner vs.

1.The Relief commissioner / Secretary, Department of Disaster Management, Secretariat, Chennai.

2.The District Collector, Virudhunagar District.

3.The Revenue Divisional Officer, Srivilliputhoor, Virudhunagar District.

4.The Tahsildar, Srivilliputhoor, Virudhunagar District.

: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, to direct the respondents to pay compensation for the ruined hut in the fire accident, dated 14.02.2015, to the petitioner, on the basis of his representation, dated 15.02.2015 and 12.03.2015.

For Petitioner :Mr.C.Jeya Indira Patel For Respondents :Mr.M.Murugan, Govt.Advocate.

O R D E R

The Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the respondents to pay compensation for the hut destroyed in the fire accident, dated 14.02.2015, to the petitioner, on the basis of his representation, dated 15.02.2015 and 12.03.2015.

2. The case of the petitioner is that on 14.02.2015, at about 3.00 p.m., there was a fire accident in the thatched hut of the petitioner due to friction in the high tension over head E.B.line, which passes nearby his thatched hut. In the said accident, all articles, which were inside the thatched hut where all destroyed. Though the petitioner has taken steps for extinguish the fire, his effort went in vain. Thereafter, the petitioner made representations on 15.02.2015 and 12.03.2015 to the respondents, claiming compensation in respect of damage caused to his hut, in the fire accident, but the same was not considered so far. https://hcservices.ecourts.gov.in/hcservices/

Hence, the present writ petition.

3. In view of the submission made by the learned counsel for the petitioner, this Court is constrained to pass the following orders:- The 4th respondent is directed to conduct an enquiry on the representations of the petitioner, dated 15.02.2015 and 12.03.2015, by affording an opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. On concluding the same, the 4th respondent is further directed to send a report to the 2nd respondent, within a period of one week thereafter, who in turn, is directed to pass appropriate orders on the report to be submitted by the 4th respondent, on merits and in accordance with law, within a period of three weeks from the date of receipt of the report.

6. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar MPK To 1.The Relief commissioner / Secretary, Department of Disaster Management, Secretariat, Chennai.

2.The District Collector, Virudhunagar District.

3.The Revenue Divisional Officer, Srivilliputhoor, Virudhunagar District.

4.The Tahsildar, Srivilliputhoor, Virudhunagar District.

+1CC to Mr.C.Jeya Indra Patel ADV.SR.No.47748 +1CC to SPl.Government Pleader SR.No.47782 GJM/RR/SKS/SARJ-1.9.15-2P-7C W.P.(MD).No.14768 of 2015 18.08.2015 https://hcservices.ecourts.gov.in/hcservices/