Madras High CourtWP(MD)/19664/2017disposed of

C.Muniyasamy, v. The Principal Secretary

2017-12-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19664 of 2017 C.Muniyasamy ... Petitioner -vs1. The Principal Secretary, Department of Home, Government of Tamil Nadu, Fort St.George, Chennai.

2. The District Collector, Virudhunagar, Virudhunagar District.

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

4. The Deputy Director, Medical and Village Health Department Office, Ramanathapuram, Ramanathapuram District.

5. The General Director, Tamil Nadu Medical Services Corporation Limited, Government Taluk Hospital, Aruppukottai, Virudhunagar District.

6. The Medical Officer, Government Primary Health Centre, Narikudi, Virudhunagar District.

7. The Medical Officer, Government Primary Health Centre, Veeracholam, Virudhunagar District.

... Respondents (Writ against R1 already dismissed by order dated 16.11.2017) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 for granting relief under Natural Disaster Relief Funds within a stipulated time that may be fixed by this Hon'ble Court.

For Petitioner : Mr.A.Santhanam For Respondents : Mr.T.S.Mohamed Mohideen Addl. Govt. Pleader

O R D E R

This petition has been filed, seeking a direction to the respondents 1 to 3 for granting relief under Natural Disaster Relief Funds.

2. Heard the learned counsel on either side. By consent, the writ petition itself is taken up for final disposal.

3. The case of the petitioner is that pursuant to the natural disaster, there were severe injuries caused to his wife and daughter due to heavy lightening and thunder and the 3rd respondent sent a detailed report to the 2nd respondent, recommending to sanction the amount from the Chief Minister's Natural Disaster Relief Fund. Pursuant thereto, the 2nd respondent instructed the 3rd respondent to get a medical report from the 4th respondent in proof of their treatment in the hospital. Though the petitioner's wife and daughter visited the hospital for the purpose of such report, it was not given stating that they underwent treatment only for two days as outpatients. The petitioner has thereafter submitted a representation dated 12.09.2017 to the respondents for consideration of his request to sanction the amount and since the said representation did not evoke any response, the petitioner is before this Court with the above prayer.

4. The learned Additional Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the 1st respondent, the representation of the petitioner will be considered and suitable orders be passed.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation of the petitioner in respect of sanction of the amount from Natural Disaster Relief Funds and pass suitable orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other connected parties, if any, in the light of the letter of the 3rd respondent dated 09.11.2016.

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

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar

To:

1. The Principal Secretary, Department of Home, Government of Tamil Nadu, Fort St.George, Chennai.