G.Thirumurugan v. Union Of India, Rep. By The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.21781, 21782 & 21783 of 2018 and 248 & 249 of 2019 1.W.P(MD)No.23181 of 2018:
G.Thirumurugan ... Petitioner vs.
1.Union of India, Represented by the Principal Secretary, Ministry of Agriculture (Fishing), Union of India, New Delhi - 110 029.
2.Union of India, Represented by the Principal Secretary, Ministry of Defence, Union of India, New Delhi - 110 029.
3.Union of India, Represented by the Principal Secretary, Ministry of Home Affairs (National Disaster Management), Union of India, New Delhi - 110 029.
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4.The Secretary, National Disaster Management Authority, NDMA Bhavan, Safderjung Enclave, New Delhi - 110 029.
5.The Additional Secretary and Project Director, National Cyclone Risk Mitigation Project (NCRMP), A-1m Safdarjung Enclave, NDMA Bhavan, New Delhi - 110 029.
6.The State of Tamil Nadu, Represented by the Principal Secretary, Department of Fisheries, Fort St. George, Chennai - 600 009.
7.The State of Tamil Nadu, Represented by the Principal Secretary, Home Department, Fort St. George, Chennai - 600 009.
8.The State of Tamil Nadu, Represented by its Principal Secretary, Energy Department, Fort St. George, Chennai - 600 009.
9.The Director General of Police, Office of the Director General of Police, 601, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
10.The Secretary, Tamil Nadu State Disaster Management Authority, State of Tamil Nadu, Chennai.
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11.The Chairperson, Tamil Nadu Electricity Board, Chennai.
12.The District Collector cum District Disaster Management Authority, Thanjavur District.
13.The District Collector cum District Disaster Management Authority, Pudukottai District.
Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents (a) to declare the Gaja cyclone and its consequence in the State of Tamil Nadu as "National Disaster" under the Disaster Management Act 2005. b) To take war footing steps to identify the victim of the cyclone 'Gaja' in the State of Tamil Nadu and pay fair and reasonable amount of compensation for the loss and suffering including loss of human life, injuries, loss of properties, plantation, agriculture products and other lossess in cyclone 'Gaja'. c) to take war footing steps to restore the electricity connection and for the restoration of normal day to day life in Pudukottai, Thanjavur, Dindigul Districts and other Gaja cyclone affected Districts in the State of Tamil Nadu.
d) to pay atleast Rs.25,00,000/- compensation to the family members of the victims, who lost their life in cyclone 'Gaja' and Rs.10,00,000/- to the injured persons in cyclone 'Gaja' in the State of Tamil Nadu.
Project' in the cyclone prone coastal areas in the State of Tamil Nadu within the time and f) to direct the respondents 2 and 3 to depute the Army, Navy, Airforce and paramilitary forces for the Gaja Cyclone relief activities in the State of Tamil Nadu in the interest of justice within the time stipulated by this Court. For Petitioner : Mr.AV.Saha for Mr.R.Alagumani For RR 1 to 5 : No appearance For RR 6 to 8, 10, 12 & 13 : Mr.P.Thilak Kumar Government Pleader For R - 9 : Mr.T.Senthil Kumar Additional Public Prosecutor For R - 11 : Mr.S.Deenadhayalan 2.W.P(MD)No.23310 of 2018:
B.Stalin ... Petitioner vs.
1.The Union of India, Represented by its Secretary, Ministry of Finance, Union Secretariat, New Delhi.
2.The Union of India, Represented by its Secretary, Ministry of Agriculture and Farmers Welfare, Union Secretariat, New Delhi.
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3.The State of Tamil Nadu, Represented by its Chief Secretary, Secretariat, St. George Fort, Chennai.
4.The State of Tamil Nadu, Represented by its Principal Secretary, Agricultural Department, Secretariat, St. George Fort, Chennai.
5.The State of Tamil Nadu, Represented by its Principal Secretary, Animal Husbandry, Dairying and Fisheries Department, Secretariat, St. George Fort, Chennai.
6.The District Collector, Madurai District, Madurai.
7.The District Collector, Dindigul District, Dindigul.
8.The District Collector, Theni District, Theni.
9.The District Collector, Sivagangai District, Sivagangai.
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10.The District Collector, Pudukkottai District, Pudukkottai.
11.The District Collector, Thanjavur District, Thanjavur.
12.The District Collector, Nagapattinam District, Nagapattinam.
13.The District Collector, Thiruvarur District.
Thiruvarur.
14.The District Collector, Cuddalore District, Cuddalore.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents (i) to pay a compensation of Rs.30,00,000/- to the victim's family who lost its member in the Gaja cyclone and provide a job opportunity to one of its member (ii) to pay a compensation of Rs.10,00,000/- to a victim who has sustained with injury in the Gaja cyclone (iii) to pay a compensation of Rs.50,000/- per coconut tree to the farmers who met with loss due to Gaja cyclone (iv) to pay a compensation of Rs. 50,000/- per acre for paddy to the farmers who met with loss due to Gaja cyclone (v) to pay a compensation of Rs.2,00,000/- per acre for plantain to the farmers who met with loss due to Gaja cyclone (vi) to pay a compensation of Rs.50,000/- 6/23
per acre for pulses, cereals, grains, oil seeds, vegetables and flowers to the farmers who met with loss due to Gaja cyclone and (vii) to pay a compensation of Rs.10,00,000/- for a boat and net to a fisherman who met with the loss due to Gaja cyclone by considering the petitioner's representation dated 21.11.2018. For Petitioner : Mr.S.M.Anantha Murugan For RR 1 & 2 : Mr.V.Malaiyendran SCGSC For RR 3 to 14 : Mr.P.Thilak Kumar Government Pleader 3.W.P(MD)No.23435 of 2018:
D.R.Murugesan ... Petitioner vs.
1.The Union of India, Represented by its Principal Secretary, Ministry of Home Affairs, Union of India, New Delhi - 110 029.
2.The Union of India, Represented by its Principal Secretary, Ministry of Agriculture, New Delhi - 110 029.
3.The Chariman, National Disaster Management Authority, NDMA Bhavan, Safdarjung Enclave, New Delhi.
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4.The Chairman, Coconut Development Board, Ministry of Agriculture, Government of India, Kochi.
5.The State of Tamil Nadu, Represented by its Chief Secretary, Fort St. George, Chennai - 600 009.
6.The Chairman, TANGEDCO, Chennai.
7.The District Collector, Thanjavur District, Thanjavur.
8.The District Collector, Nagapattinam District, Nagapattinam.
9.The District Collector, Pudukottai District.
Pudukottai.
10.The District Collector, Thiruvarur District, Thiruvarur.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the representation of the petitioner dated 20.11.2018 a) to declare the cyclone Gaja affected areas as National Diaster and consequentially direct them 8/23
to implement the relief and re-habilitation measures in war footing manner b) directing the respondents 1 to 5 to appoint a separate expert committee consisting of scientist in relevant fields to assess the extent of damages and loss caused by the cyclone Gaja c) directing the respondents 1 to 5 to provide adequate compensation to the affected peoples for restoring their livelihood d) directing the respondents 3 to 5 to provide compensation for more than Rs.25,000/- for each coconut tree lost in the cyclone Gaja for replacing and rejuvenation and to provide similar compensation for other valuable trees like teak wood tree, jackfruit etc and e) directing the respondents 5 and 6 to frame a pilot project for underground power supply to the people those who are residing in the coastal Districts.
For Petitioner : Mr.N.Dilip Kumar For RR 1 to 4 : No appearance For RR 5 to 10 : Mr.P.Thilak Kumar Government Pleader 4.W.P(MD)No.23767 of 2018:
A.V.Thangavel ... Petitioner vs.
1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 9.
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2.The Director (HFA-5), Ministry of Housing and Urban Affairs, Room No.118, G Wing, NBO Building, New Delhi - 110 011.
3.The Secretary, Finance Department, Fort St. George, Chennai - 9.
4.The Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.
5.The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 9.
6.The Secretary, Disaster Management and Revenue Department, Fort St. George, Chennai - 9.
7.The District Collector, Pudukkottai District.
8.The District Collector, Thanjavur District.
9.The District Collector, Thiruvarur District.
10.The District Collector, Nagapattinam District.
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11.The District Collector, Dindigul District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to include those people who lost their homes by Kaja Storm in the list of beneficiaries for Pradhan Mantri Awas Yojana and Green Houses housing schemes and to pass orders directing the respondents 1 and 2 to raise the fund to a minimum of 50% of the existing cost of Pradhan Mantri Awas Yojana and Green Houses housing schemes.
For Petitioner : Mr.A.V.Thangavel For RR 1 & 2 : Mr.V.Malaiyendran SCGSC For RR 1 & 3 to 11 : Mr.P.Thilak Kumar Government Pleader 5.W.P(MD)No.24080 of 2018:
M.Ezhilan ... Petitioner vs.
1.The Chief Secretary to the Government of Tamil Nadu, St. George Fort, Chennai - 9.
2.The Principal Secretary to the Government of Tamil Nadu, Ministry of Home Affairs, St. George Fort, Chennai - 9.
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3.The Principal Secretary to the Government of Tamil Nadu, Ministry of Revenue and Disaster Management, St. George Fort, Chennai - 9.
4.The District Collector, Pudukkottai District.
5.The District Collector, Thanjavur District.
6.The District Collector, Thiruvarur District.
7.The District Collector, Nagapattinam District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to enhance the compensation allocated to the fisher folk from Rs.40 crores to 300 crores and to file a status report on the action taken against the loss of life and livelihood of the people of Kaja Cyclone hit areas. For Petitioner : Ms.A.Rajini For Respondents : Mr.P.Thilak Kumar Government Pleader 6.W.P(MD)No.24082 of 2018:
Selvarasu ... Petitioner 12/23
vs.
1.The State of Tamil Nadu, Represented by its Principal Secretary, Fort St. George, Chennai.
2.The Additional Chief Secretary cum State Relief Commissioner, Commissionerate of Revenue Administration and Disaster Management, Chepauk, Chennai - 600 005.
3.The District Collector, Collectorate, Pudukkottai District.
4.The District Revenue Officer, Pudukkottai District, Pudukkottai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order made by the second respondent in Proc.No.NCI(1)/2675/2018 dated 29.11.2018 insofar as it relates to condition 10(d) of the said proceedings and quash the same as illegal and consequentially direct the respondents to ensure that the relief packages and compensation is paid to all deserving victims of Gaja Cyclone in Pudukkottai District without any discrimination and without insisting a photograph of the victim along with the damage house / hut.
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For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.P.Thilak Kumar Government Pleader COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) Today, when the matter is taken up for hearing, the learned Government Pleader would submit that the victims of Gaja cyclone had been paid compensation as assessed by the expert body constituted by the Government. 2.Soon after the cyclone, the expert body made an assessment to suitably compensate the victims and the process of settling compensation has been completed and that being the factum, the relief sought for seeking enhancement of compensation cannot be considered by this Court. If any other eligible victims are still available, they are at liberty to approach the competent authorities.
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3.Accordingly, these Writ Petitions stand closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [A.D.M.C.,J.] 12.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Principal Secretary, Ministry of Agriculture (Fishing), Union of India, New Delhi - 110 029.
2.The Principal Secretary, Ministry of Defence, Union of India, New Delhi - 110 029.
3.The Principal Secretary, Ministry of Home Affairs (National Disaster Management), Union of India, New Delhi - 110 029.
4.The Secretary, National Disaster Management Authority, NDMA Bhavan, Safderjung Enclave, New Delhi - 110 029.
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5.The Additional Secretary and Project Director, National Cyclone Risk Mitigation Project (NCRMP), A-1m Safdarjung Enclave, NDMA Bhavan, New Delhi - 110 029.
6.The Principal Secretary, Represented by the State of Tamil Nadu, Department of Fisheries, Fort St. George, Chennai - 600 009.
7.The Principal Secretary, Represented by the State of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.
8.The Principal Secretary, Represented by its State of Tamil Nadu, Energy Department, Fort St. George, Chennai - 600 009.
9.The Director General of Police, Office of the Director General of Police, 601, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.
10.The Secretary, Tamil Nadu State Disaster Management Authority, State of Tamil Nadu, Chennai.
11.The Chairperson, Tamil Nadu Electricity Board, Chennai.
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12.The District Collector cum District Disaster Management Authority, Thanjavur District.
13.The District Collector cum District Disaster Management Authority, Pudukottai District.
14.The Secretary, Represented by its Union of India, Ministry of Finance, Union Secretariat, New Delhi.
15.The Secretary,Represented by its Union of India, Ministry of Agriculture and Farmers Welfare, Union Secretariat, New Delhi.
16.The Chief Secretary, Represented by its State of Tamil Nadu, Secretariat, St. George Fort, Chennai.
17.The Principal Secretary, Represented by its State of Tamil Nadu, Agricultural Department, Secretariat, St. George Fort, Chennai.
18.The Principal Secretary, Represented by its State of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department, Secretariat, St. George Fort, Chennai.
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196.The District Collector, Madurai District, Madurai.
20.The District Collector, Dindigul District, Dindigul.
21.The District Collector, Theni District, Theni.
22.The District Collector, Sivagangai District, Sivagangai.
23.The District Collector, Pudukkottai District, Pudukkottai.
24.The District Collector, Thanjavur District, Thanjavur.
25.The District Collector, Nagapattinam District, Nagapattinam.
26.The District Collector, Thiruvarur District.
Thiruvarur.
27.The District Collector, Cuddalore District, Cuddalore.
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28.The Principal Secretary, Represented by its Union of India, Ministry of Home Affairs, Union of India, New Delhi - 110 029.
29.The Principal Secretary, Represented by its Union of India, Ministry of Agriculture, New Delhi - 110 029.
30.The Chariman, National Disaster Management Authority, NDMA Bhavan, Safdarjung Enclave, New Delhi.
31.The Chairman, Coconut Development Board, Ministry of Agriculture, Government of India, Kochi.
32.The Chief Secretary, Represented by its State of Tamil Nadu, Fort St. George, Chennai - 600 009.
33.The Chairman, TANGEDCO, Chennai.
34.The District Collector, Thanjavur District, Thanjavur.
35.The District Collector, Nagapattinam District, Nagapattinam.
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36.The District Collector, Pudukottai District.
Pudukottai.
37.The District Collector, Thiruvarur District, Thiruvarur.
38.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 9.
39.The Director (HFA-5), Ministry of Housing and Urban Affairs, Room No.118, G Wing, NBO Building, New Delhi - 110 011.
40.The Secretary, Finance Department, Fort St. George, Chennai - 9.
41.The Secretary, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.
42.The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 9.
43.The Secretary, Disaster Management and Revenue Department, Fort St. George, Chennai - 9.
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44.The District Collector, Pudukkottai District.
45.The District Collector, Thanjavur District.
46.The District Collector, Thiruvarur District.
47.The District Collector, Nagapattinam District.
48.The District Collector, Dindigul District.
49.The Chief Secretary to the Government of Tamil Nadu, St. George Fort, Chennai - 9.
50.The Principal Secretary to the Government of Tamil Nadu, Ministry of Home Affairs, St. George Fort, Chennai - 9.
51.The Principal Secretary to the Government of Tamil Nadu, Ministry of Revenue and Disaster Management, St. George Fort, Chennai - 9.
52.The District Collector, Pudukkottai District.
53.The District Collector, Thanjavur District.
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54.The District Collector, Thiruvarur District.
55.The District Collector, Nagapattinam District.
56.The Principal Secretary, Represented by its State of Tamil Nadu, Fort St. George, Chennai.
57.The Additional Chief Secretary cum State Relief Commissioner, Commissionerate of Revenue Administration and Disaster Management, Chepauk, Chennai - 600 005.
58.The District Collector, Collectorate, Pudukkottai District.
59.The District Revenue Officer, Pudukkottai District, Pudukkottai.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN W.P(MD)Nos.23181, 23310, 23435, 23767, 24080 & 24082 of 2018 DATED : 12.06.2025 23/23