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Madras High Court

K.Thirumurugan vs State Of Tamil Nadu on 18 March, 2024

Bench: D.Krishnakumar, R.Vijayakumar

                                                                W.P.(MD) No.16308 of 2017



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 18.03.2024

                                                     CORAM:

                                    THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                      and
                                     THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR


                                             W.P.(MD) No.16308 of 2017


                 K.Thirumurugan                                                ... Petitioner
                                                       -vs-


                 1.State of Tamil Nadu
                   rep.by the Principal Secretary
                   State of Tamil Nadu
                   School Education Department
                   Fort St.George, Chennai-600 009

                 2.State of Tamil Nadu
                   rep.by the Principal Secretary
                   State of Tamil Nadu
                   Energy Department
                   Fort St.George
                   Chennai-600 009

                 3.State of Tamil Nadu
                   rep.by the Principal Secretary
                   State of Tamil Nadu
                   Social Welfare and Nutritious
                    Meal Programme Department
                   Fort St.George
                   Chennai-600009


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                                                            W.P.(MD) No.16308 of 2017




                 4.State of Tamil Nadu
                   rep.by the Principal Secretary
                   State of Tamil Nadu
                   Health and Family Welfare Department
                   Fort St.George, Chnnai-600 009

                 5.State of Tamil Nadu
                   rep.by the Principal Secretary
                   State of Tamil Nadu
                   Tourism, Culture and Religious
                     Endowments Department
                   Fort St.George, Chennai-600 009

                 6.State of Tamil Nadu
                   rep.by the Principal Secretary
                   State of Tamil Nadu
                   Environment and Forest Department
                   Fort St.George, Chennai-600 009

                 7.The State of Tamil Nadu
                   rep.by the Commissioner of
                     Archaeological Department
                   Tamil Valarchi Valaagam
                   Thamizh Salai
                   Elumpur, Chennai-600 008

                 8.The Union of India
                   rep.by the Principal Secretary
                   Ministry of Human Resources Department
                   302-C, Shastri Bhawan
                   New Delhi

                 9.The Director General of
                      Archaeological Department
                   Office of the Director General of
                      Archaeological Department
                   Janpath, New Delhi-110 011

                 _______________
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                                                              W.P.(MD) No.16308 of 2017



                 10.The District Collector
                    Office of the District Collector
                    Ramanathapuram District

                 11.The Chief Education Officer
                    Chief Educational Officer Office
                    Ramanathapuram
                    Ramanathapuram District-623 501

                 12.Superintending Engineer
                    Office of the Superintending Engineer
                    Ramanathapuram Electricity Distribution Circle
                    TNEB, Ramanathapuram-623 501

                 13.Block Development Officer
                    Mandabam Block Development Office
                    Mandabam, Ramanathapuram District

                 14.The Commandant
                    Coast Guard, Mandabam

                 15.The Commissioner
                    Rameswaram Municipality

                 16.The District Wild Life Warden
                    Rameswaram

                 17.The Divisional Engineer
                    National Highways Department
                    Madurai

                 18.The Director of Fisheries
                     Chennai

                 19.The Commissioner
                    Hindu Religious and
                     Charitabe Endowment Department
                    Chennai

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                                                                      W.P.(MD) No.16308 of 2017



                 20.Chelladurai                                                      ... Respondents
                    [R14 to R19 are suo motu impleaded
                    vide Court Order dated 04.09.2017 and
                    R20 is impleaded vide Court Order
                    dated 18.09.2017 in W.M.P.(MD) No.
                    14190 of 2017]


                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

                 a writ of mandamus to direct the respondents

                 (a)to construct adequate school building with toilets, drinking water, electricity

                 connection, road facilities to the Mandapam Panchayat Union Middle School

                 in old Dhanushkodi and Mandabam Panchayat Union Elementary School at

                 Thavukadu,       M.G.R.Noon   Meal   Center,   old     Dhanushkodi       (situating   at

                 Mandapam Panchayath Union Middle School at Dhanushkodi Campus),

                 Ramanathapuram District, within the time stipulated by this Court.

                 (b)to direct the respondent Nos.5, 7, 9, 10 to take immediate action to preserve

                 the remaining ancient buildings situating in Old Dhanushkodi, namely, 1.Old

                 Dhanushkodi Post Office, 2.Old Dhanushkodi Church, 3.Old Dhanushkodi

                 Vinayagar Temple, 4.Old Dhnushkodi Hospital Building, 5.Old Dhanushkodi

                 Telephone Office, 6.Old Dhanushkodi Railway Station, 7.Old Dhanushkodi

                 Harbour, 8.Old Dhanushkodi Water Tank, 9.Old Dhanushkodi Coal Storage

                 Building, 10.Old Dhanushkodi Chathiram, 11.Old Dhanushkodi Government



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                                                                         W.P.(MD) No.16308 of 2017



                 Office Buildings, at Dhanushkodi, Ramanathapuram District, within the time

                 stipulated by this Court.

                 (c) to direct the respondents 4 and 10 to construct and function a Primary

                 Health Center at Old Dhanushkodi within the time stipulated by this Court.

                 (d) to direct the respondents to provide electricity connection, public toilets,

                 drinking water and other basic facilities in Old Dhanushkodi, Thavukudu,

                 Muthurayar Chathiram and Baradi Fisherman Villages, Ramanathapuram

                 District, for the benefit of tourists and fisherman families within the time

                 stipulated by this Court.


                                  For Petitioner     : Mr.R.Alagumani

                                  For Respondents    : Mr.T.Amjad Khan
                                                       Government Advocate for R1 to R7, R10 & R11
                                                       Mr.D.Saravanan for R8, R9 & R14
                                                       No appearance for R17 & R20



                                                           ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents

(a) to construct adequate school building with toilets, drinking water, electricity connection, road facilities to the Mandapam Panchayat Union Middle School in old _______________ Page 5 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 Dhanushkodi and Mandabam Panchayat Union Elementary School at Thavukadu, M.G.R.Noon Meal Center, old Dhanushkodi (situating at Mandapam Panchayath Union Middle School at Dhanushkodi Campus), Ramanathapuram District, within the time stipulated by this Court.

(b) to direct the respondent Nos.5, 7, 9, 10 to take immediate action to preserve the remaining ancient buildings situating in Old Dhanushkodi, namely, 1.Old Dhanushkodi Post Office, 2.Old Dhanushkodi Church,

3.Old Dhanushkodi Vinayagar Temple, 4.Old Dhnushkodi Hospital Building, 5.Old Dhanushkodi Telephone Office, 6.Old Dhanushkodi Railway Station,

7.Old Dhanushkodi Harbour, 8.Old Dhanushkodi Water Tank, 9.Old Dhanushkodi Coal Storage Building, 10.Old Dhanushkodi Chathiram, 11.Old Dhanushkodi Government Office Buildings, at Dhanushkodi, Ramanathapuram District, within the time stipulated by this Court.

_______________ Page 6 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017

(c) to direct the respondents 4 and 10 to construct and function a Primary Health Center at Old Dhanushkodi within the time stipulated by this Court.

(d) to direct the respondents to provide electricity connection, public toilets, drinking water and other basic facilities in Old Dhanushkodi, Thavukudu, Muthurayar Chathiram and Baradi Fisherman Villages, Ramanathapuram District, for the benefit of tourists and fisherman families within the time stipulated by this Court.

2. According to the petitioner, Dhanushkodi is an ancient town situate at the south-eastern tip of Pamban Island. It was destroyed in the year 1964 in a cyclone. Dhanushkodi Island is separated from the mainland by Palk Strait. A meter gauge railway line connected Mandapam and Dhanushkodi. It is a meeting junction of Indian Ocean and Bay of Bengal. Before 1964, the Old Dhanushkodi was one of the important places in India and it was the paradise for the pilgrims and travellers, who go to Srilanka. Till 1964, the Government Offices were functioning and thousands of fisherman _______________ Page 7 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 community people were residing in Old Dhanushkodi. After 1964 cyclone, since the Old Dhanushkodi was destroyed, the Government shifted the fisherman community people to Rameshwaram. Since it was very difficulty for them to lead their life in Rameshwaram, most of them slowly resettled in Old Dhanushkodi. Now, more than 300 families are settled in Old Dhanushkodi and doing fishing and other works.

3. Further, according to the petitioner, around 300 families of fisherman community are living in Old Dhanushkodi, 80 Fisherman families are residing in Thavakudu and Baradi Villages, 100 families of fisherman community are residing in Muhutharayar Chathiram Fisherman Village. Mandapam Panchayat Union Middle School, Mandabam Panchayat Union Elementary School and M.G.R.Noon Meal Anganwadi Center are functioning in Old Dhanushkodi and Thavukadu.

4. Further, according to the petitioner, more than 70 students are studying in Mandapam Panchayat Union Middle School at Old Dhanushkodi. However, there is no adequate facility, electricity supply, drinking water connection and toilet facilities available in the above said School. The said _______________ Page 8 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 School is functioning with asbestos sheet with fiber wall and it situate very near to the Sea. Since there is no electricity service connection, the students are not able to use Computers, TV, Fan and other equipments. In Mandabam Panchayat Union Elementary School at Thavukadu, around 30 students are studying. But, there is also no adequate building facilities, electricity and drinking water and toilet facilities. Though the District Administration sanctioned funds and started construction works for Mandabam Panchayat Union Elementary School Building at Thavukadu, the Forest Officials prevented the construction works. Further, the M.G.R.Noon Meal Center is not functional, since there is no infrastructure available.

5. Further, according to the petitioner, the ancient buildings situate at Old Dhanushkodi are in dilapidated condition. The respondents have not taken any steps to preserve the ancient buildings in a scientific manner. Though several families of fisherman community people are residing in Old Dhanushkodi, Thavukadu, Baradi and Mugundarayachattiram, there is no electricity connection available. There is no common toilet and drinking water facilities, electricity service connection, Primary Health Center and other infrastructures. Though the petitioner sent a representation dated 24.08.2017 _______________ Page 9 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 narrating the said entire facts, the respondents have not taken any steps based on the said representation. Hence, the petitioner has filed the present writ petition.

6. The Principal Secretary / Commissioner, Department of Archaeology / seventh respondent has filed a counter affidavit by stating that the Curator inspected the sites and submitted a report on the status of the remaining buildings in Old Dhanushkodi. The Government has already declared that the Old Dhanushkodi is not suitable to live. There is also no monument declared by the Government. The ancient buildings were almost ravaged by cyclone in the year 1964 and only few remnants are available. Further, the Archaeology Department is preserving and conserving 91 monuments spread out in the State of Tamil Nadu and action is being taken up for identifying more ancient monuments and to declare such monuments as protected monuments through the Government. The ancient buildings in Old Dhanushkodi are completely in ruined condition and the buildings of more than 100 years can be preserved after getting approval and consent from the Experts Committee.

_______________ Page 10 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017

7. The learned Government Advocate appearing for the respondents 1 to 7, 10 and 11, on instructions, submitted that nobody is permitted to enter into Dhanushkodi after 05.00 p.m., and before 10.00 a.m., since it comes under the Coastal Regulation Zone and it is a prohibited place. He has also produced the communication dated 14.03.2024 received from the District Collector, Ramanathapuram, which is extracted hereunder:

“nuhkehjg[uk; khtl;lk;, nuhBk!;tuk; tl;lk;, jD!;Bfhoapy; kPd;gpoj;Jk;, kPd;tiy gpd;dpa[k;, kPd; tpahghuk; bra;Jk; tUk; kPdt bghJkf;fs; Foir tPL fl;o FoapUe;J tUfpd;wdh;. mth;fsJ FHe;ijfs; gog;gjw;F VJthf KFe;juhah; rj;jpuk; gFjpapYk; jht[f;fhL gFjpapYk; uhBk!;tuk; efuhl;rp eph;thfj;jpd;fPH; eLepiyg;gs;sp xd;Wk; Jtf;fg;gs;spfs; nuz;Lk; bray;gl;L tUfpwJ. kz;lgk; gq;rhaj;J a{dpad; rhh;gpy; rj;Jzt[ ikak; xd;W bray;gl;L tUfpwJ. mA;fd;tho ikak; xd;Wk; bray;gl;L tUfpwJ. Bkw;go nlj;jpy; cs;s eLepiyg;gs;spf;F rhiy trjpa[k;, nf;fpuhkj;jpy; kpd;rhu trjpapy;yhjjhy; Brhyhh; %yk; kpd;trjp bgw;W tUtjhy; kpd;rhu trjpa[k;, mog;gil trjpfshd fHpg;giw, tPLfl;of;bfhs;s tPl;L kidg;gl;lh Mfpatw;iw nA;F thGk; kf;fSf;F bra;J juf;Bfhhp brd;id cah;ePjpkd;w kJiuf;fpisapy; W.P.(MD) No. 16308 of 2017 vd;w tHf;F jhf;fy; bra;ag;gl;Ls;sJ. nJ bjhlh;ghf mwpf;if jhf;fy; bra;af; Bfhhpajd;Bghpy; vdJ mwpf;ifapidf; fPH;fz;lthW bjhptpj;Jf;bfhs;fpBwd;.
_______________ Page 11 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 nuhBk!;tuk; tl;lk;, jD&;Bfho gFjpay; 590 bghJkf;fs; kPd;gpoj;Jk; kPd;fis fha itj;Jk; kPd;fis tpw;gid bra;Jk; kPd; tiyfs; gpd;dpf; bfhLj;Jk; jw;fhypf Foir tPLfs; fl;o jA;fp trpj;Jk; gpiHj;J tUfpd;wdh;. Rkhh; 112 jw;fhypf rA;F, B#hl;ly;, Fsph;ghd filfs; itj;J tpahghuk; bra;J mjd; Bghpy; tUkhdk; Nl;o tUfpd;wdh;.
ng;gFjpapy; 1964Mk; Mz;L ork;gh; 22Mk; Bjjp tPrpa g[ay; fhuzkhf jD&;Bfho efuk; Kw;wpYkhf mHpe;J tpl;lJ. Rkhh; 1800 kf;fspd; thH;t[ mHpe;Jtpl;lJ. mjd;gpwF ng;gFjpapy; epiyahd tPLfBsh epiyahd mikg;g[fBsh Vw;gLj;jg;gltpy;iy.
jD&;Bfho gFjpapd; bjw;Fg; g[wKk; tlf;Fg; g[wKk; fly; mike;Js;sJ. tUlj;jpd; ghjp ehl;fspy; bjw;Fg; g[wk; cs;s flYk; kPjp ehl;fspy; tlf;Fg; g[wk; cs;s flYk; rPw;wk; mjpfkhfp miyfs; jPtpukhf fhzg;gLk;. mjpf fhw;W tPRtjhy; nuz;L gf;f rhiyfspy; kzy; gutp kzy; Bklhf fhl;rp mspf;fpwJ. RpW kzy; Jfs;fSld; Toa fhw;W tPRtjhy; nA;Fs;s Foirg; gFjpfspy; kzy; R{H;e;J fhzg;gLfpwJ. BkYk;, jD&;Bfho fiu epiyaw;wjhft[k;, fly;ePhpd; kl;lk; kw;Wk; miyapd; fhuzkhf bjhlh;eJ ; khwpf; bfhz;oUf;Fk; nay;gpy; cs;sJ.
ng;gFjp “cah; miy vy;iyapypUe;J” 100 kPl;lh; gFjpf;Fs; mike;Js;sjhy; ne;jg; gFjp flByhu xGA;FKiw kz;ly mwptpf;if, 2011d; fPH; “ve;jtpjkhd tsh;r;rpg; gzpa[k; mDjpf;fg;glhj kz;lyk”; vd;w tiuaiwapd; fPH; cs;sJ. BkYk;, ng;gFjpapy; tdj;Jiwf;Fr; brhe;jkhf epyA;fs; cs;sjhy; ne;jpa fhLfs;
_______________ Page 12 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 rl;lk;, 1980d; fPH; njpy; ve;j tsh;r;rpg; gzpfs; Bkw;bfhs;tJk; rl;lj;ij kPWtjhFk;.
ng;gFjp cah; miy vy;iyapy; 100 kPl;lUf;Fs; cs;sjhy; kpft[k; ghjpf;fg;glToa nlkhFk;. mjdhy;, g[ay; kw;Wk; cah; miyfs; Vw;gLk; mghak; cs;sjhy; ne;jg; gFjpapy; bra;ag;gLk; tsh;r;rp gzpfs; naw;if BguHpt[fs; Vw;gLk;BghJ kpFe;j Brjj;ij Vw;gLj;Jk; epiy cs;sJ. fhyepiy khw;wk; ne;jg; gFjpapy; ghjfkhd epfH;it Vw;gLj;Jk; mghak; cs;sJ.
BkYk;, nA;F mikf;fg;gl;Ls;s Bjrpa beLq;rhiyfSk; mA;F epyt[k; kzy; fhw;wpdhy; mt;tg;BghJ KGtJk; kzyhy; %lg;gLfpwJ. vdBt, jD&;Bfho gFjpapy; kpd; fk;gA;fs; mikj;J kpd;rhu trjp bra;J ju nayhj epiy cs;sJ. ng;gFjpapy; fhw;wpd; Bghfd;fyhy; kzy;BkLfs; MA;fhA;Bf cUthfpd;wd. VdBt, ng;gFjpapy; epiyahd tPLfBsh, mikg;g[fBsh Vw;gLj;jpj; jUk; epiy ny;iy. ng;gFjpapy; kPdt bjhHpy; epkpj;jkhf jw;fhypf Foirfspy; jA;fp thGk; kPdt bghJkf;fSf;F nuhBk!;tuk; efuk; eluh$g[uk; gFjpapYk; uhkfpU&;zhg[uk; gFjpapYk; epue;ju tPLfs; cs;sd. mth;fspd; Kfthpapy; FLk;g ml;ilfSk; Mjhh; ml;ilfSk; kw;Wk; thf;fhsh; ml;ilfSk; mth;fSf;F cs;sd.
jht[f;fhL gFjpapy; 22 jw;fhypf Foirfs; cs;sd. mjpy; thGk; kf;fSf;F uhkfpU&;zhg[uk; 8, eluh$g[uk; 10, kw;Wk; Ke;jy; gFjpapy; 4 FLk;gA;fSf;F epiyahd tPLfSk; mth;fSf;fhd milahd ml;ilfSk; cs;sd.
_______________ Page 13 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 ne;j kPdth;fSf;fhd FoapUg;g[ gFjpfshd uhkfpU&;zhg[uk;, eluh$g[uk; Mfpa gFjpfspy; mog;gil trjpfs;, muRj; jpl;l gad;fs; midj;Jk; tdk; kw;Wk; kPd;tsj; Jiw cs;spl;l muRj; Jiwapduhy; tHA;fg;gl;Ls;sd. nUg;gpDk;, mk;kf;fs; jA;fs; bjhHpy; fhuzkhf kPd; tiy kw;Wk; kPd; gpoj;jy; bjhlh;ghd bghUs;fisg; ghJfhg;gjw;fhft[k;, kPd;gpoj; bjhHpy; epkpj;jkhft[k;, nf;Foirfspy; jA;fp jw;fhypfkhf kPd; gpof;Fk; rkaA;fspy; trpj;J tUfpwhh;fs;.
jD&;Bfho gFjpahdJ fly; mhpg;gpdhy; ghjpf;ff; Toa gFjpahf cs;sJ. KFe;juhah; rj;jpuk;, jht[f;fhL kw;Wk; Rw;wpa[s;s gFjpfs; fhg;g[f; fhLfshFk;. jD&;Bfho, mhpr;ry; Kid Mfpait ne;jpahtpd; Kidahf cs;sjhy; mfjpfSk; btspehl;ltUk; ne;jpaht[f;Fs; rl;lj;ij kPwp EiHa tha;g;g[s;s gFjpahFk;. njdhy; rl;ltpBuhj flj;jy; rk;gtA;fs; epfH;eJ; tUfpwJ. mhpr;ry;Kid tiu rhiy trjp cs;sjhy; kPd;, Fsph;ghdA;fs;, jpd;gz;lA;fs; tpw;gid bra;a[k; filfs; mjpfhpj;Js;sd. ne;j fyhr;rhuk; bjhlUkhdhy; fLk; Bghf;Ftuj;J behpry; cz;lhfp mhpa ghJfhf;fg;gl Btz;oa tuyhw;Wr; rpd;dA;fSf;F mHpt[ Vw;gLk;. BkYk;, gpsh!;of; fHpt[fshy; Rw;Wr;R{Hy; ghjpg;g[ Vw;gLk;. BkYk;fly; Mik Kl;ilapLk; gFjpfSf;F ghjpg;g[ Vw;gl;L, mhpa caphpdA;fshd fly; Mik cs;spl;l caphpdA;fs; mHpa[k; Mgj;J cs;sJ. njdhy; fhy epiyapy; Tl khw;wk; epfGk; tha;g;g[s;sJ.
epue;ju tPLfs; ny;yhj kPdt kf;fs; jw;BghJ jD&;Bfho gFjpapy; ny;iy. tPoy;yhjth;fs; vd _______________ Page 14 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 fz;lwpa[k; gl;rj;jpy; mth;fSf;F ghk;gd; fpuhkj;jpy; g[y vz;.491/3 kw;Wk; 491/7 “muRg; g[wk;Bghf;F – mdhjPdk;”; vd;w tifghLs;s g[yj;jpy; tPl;L kidg; gl;lh tHA;f eltof;if vLf;fg;gLk; vd;w tpguj;ij bjhptpj;Jf; bfhs;fpBwd; & that we will also are now will cover them in housing plan in other village. Right now we are trying to convince them to move towards a safer place.”

8. A perusal of the above report shows that in Dhanushkodi, 590 families of fisherman community people are residing by putting up temporary huts. They are eking out their livelihood by doing fishing and other related activities. Dhanushkodi comes under the category of “No Development Zone”, as per the report of the Coastal Regulation Zone Report, 2011. Since more forest lands are available in Dhanushkodi, no development activities can be carried on in view of the Indian Forests Act, 1980. Dhanushkodi comes within 100 Meters of High-Tide Line and hence, electricity facilities cannot be provided and permanent houses cannot be constructed. The fishermen, who are carrying on fishing activities in Dhanushkodi, are having permanent houses in Natarajapuram and Ramakrishnapuram, where the basic facilities have been provided to them. There is no permanent house less fishermen in Dhanushkodi. The District Collector is taking necessary steps for sanctioning _______________ Page 15 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 amount towards periodical maintenance of Schools as mentioned in the writ petition.

9. At this juncture, it would be more beneficial to refer the historical significance of Dhanushkodi. There were many ferry services between Dhanushkodi and Talaimannar of Ceylon, transporting travellers and goods across the sea. There were hotels, textile shops and dharmashalas catering to these pilgrims and travellers. Dhanushkodi, in those days, also had a railway station, a small railway hospital, a higher secondary school, a post office, customs and port offices etc. One can still see the sad remains of the railway line, some of the ruins of the offices and the hospital and the old school, which is reused now for the 500 inhabitants who continue to stay on the island . Before the cyclone, there was a train service up to Dhanushkodi called Boat Mail from Madras Egmore (Now Chennai Egmore), which would halt on the south-eastern side of Dhanushkodi township, where a waiting steamer transported passengers to Sri Lanka. A depression with its centre in South Andaman Sea on 17.12.1964 is what brought about this cyclone. On 19.12.1964, it was intensified into a cyclonic storm. After 21.12.1964, it started moving westwards at the rate of 250 miles (400 km) to 350 miles (560 _______________ Page 16 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 km) per day. On 22.12.1964, it crossed Vavunia of Ceylon (now called Sri Lanka) with a wind velocity of 280 km/hour, moved into Palk Strait in the night and crashed into Dhanushkodi of Rameshwaram island on the night of 22–23.12.1964. It was estimated that tidal waves were 8 yards high when it crossed Rameshwaram.

10. Reports say that over 1800 people died in the cyclonic storm. All houses and other structures in Dhanushkodi town were marooned. The high tidal waves moved deep onto the island and ruined the entire town. Naval vessels sent to rescue people reported seeing several bloated bodies around the eastern end of Dhanushkodi. Eyewitness accounts recollected how the surging waters stopped short of the main temple at Rameshwaram where many people had taken refuge from the fury of the storm. Following this disaster, the Government of Madras declared Dhanushkodi a ghost town and unfit for living.

11. Considering the facts and circumstances of the case and the historical significance of Dhanushkodi as well as accepting the above communication / report of the District Collector, Ramanathapuram dated 14.03.2024, we deem it fit to issue the following directions:

_______________ Page 17 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017
(i) The District Collector, Ramanathapuram, based on the above communication / report dated 14.03.2024, shall take necessary steps for sanctioning funds for providing house sites to the homeless persons, as mentioned in his communication / report, at the earliest.

(ii) The District Collector, Ramanathapuram District and the Education Department shall take necessary steps for sanctioning funds for the periodical maintenance of the schools in Dhanushkodi, as mentioned in his communication / report.

(iii) With regard to preservation of monuments is concerned, the authority concerned shall take necessary steps to preserve the monuments in Dhanushkodi by sanctioning funds to meet out the expenses for such purpose.

_______________ Page 18 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017

12. With the above directions, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 18.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To:

1.The Principal Secretary, State of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2.The Principal Secretary, State of Tamil Nadu, Energy Department, Fort St.George, Chennai-600 009.

3.The Principal Secretary, State of Tamil Nadu, Social Welfare and Nutritious Meal Programme Department, Fort St.George, Chennai-600009.

4.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St.George, Chnnai-600 009.

_______________ Page 19 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017

5.The Principal Secretary, State of Tamil Nadu, Tourism, Culture and Religious Endowments Department, Fort St.George, Chennai-600 009.

6.The Principal Secretary, State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai-600 009.

7.The Commissioner of Archaeological Department State of Tamil Nadu, Tamil Valarchi Valaagam, Thamizh Salai, Elumpur, Chennai-600 008.

8.The Principal Secretary, Ministry of Human Resources Department, Union of India, 302-C, Shastri Bhawan, New Delhi.

9.The Director General of Archaeological Department, Office of the Director General of Archaeological Department, Janpath, New Delhi-110 011.

10.The District Collector, Office of the District Collector , Ramanathapuram District.

11.The Chief Education Officer, Chief Educational Officer Office, Ramanathapuram, Ramanathapuram District-623 501.

_______________ Page 20 of 21 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16308 of 2017 D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

krk W.P.(MD) No.16308 of 2017 18.03.2024 _______________ Page 21 of 21 https://www.mhc.tn.gov.in/judis