Madras High CourtWP(MD)/24584/2016dismissed

K.Krishnan, S/O.Gurusamy v. The District Collector,

2017-01-31Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.24584 of 2016 K.Krishnan ... Petitioner Vs.

The District Collector, Ramanathapuram.

Ramanathapuram District ... Respondent Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondent to consider the petitioner's representation dated 06.06.2016 for granting the financial aid to purchase the new boat for petitioner with stipulated time as prescribed by this Honourable Court. For Petitioner : M/S.M.Bhuvaneswari For Respondents : Mr.C.Selvaraj Special Government Pleader

ORDER

This writ petition is filed seeking for a Mandamus directing the respondent to consider the petitioner's representation dated 06.06.2016 for grant of financial aid to purchase the new Boat. 2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.The petitioner seeks for financial assistance to purchase a new boat by stating that his boat, which was found missing earlier, was recovered in a damaged condition and therefore, he has to buy a new Boat and for such purpose financial assistance is required from the Government.

4.The respondent filed a counter affidavit, wherein at paragraph No.5 it is stated as follows:- "5.It is also submitted that the petitioner has presented a petition dated 6.6.2016 requesting to grant financial aid for purchase of new boat. But, there is no such relief scheme implemented by the District Administration or Fisheries Department for missing of boat and damaged boat. Appropriate reply was also sent to the petitioner on his petition dated : 6.6.2016 by the Assistant Director of Fisheries, (North), Ramanathapuram, in the letter No.2226/A2/2014 dated 9.6.2016 informing to contact the Insurance Company to avail insurance amount for https://hcservices.ecourts.gov.in/hcservices/

his damaged boat. Relief is being granted by the Government for missing boat or damaged boat only at the time of natural calamities and natural disaster occurrences."

5.In view of the above statement made by the respondent, I do not think that the petitioner is entitled to seek financial assistance as a matter of right from the respondent. However, it is open to the petitioner to work out his remedy to agitate his claim before the competent insurance authority, if the petitioner has any sustainable claim over the said property. 6.With the above observation, this writ petition is dismissed as not maintainable. No costs.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To The District Collector, Ramanathapuram, Ramanathapuram District.

+1 cc to MR.S.Moorthy,ADVOCATE, SR NO:5151 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 5312 skn sva/pm/pn/15.02.2017/2p/4c W.P.(MD)No.24584 of 2016 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/