Madras High Court
A.Ramanadhan vs The Secretary (Fisheries Department) on 26 November, 2018
Author: R.Mahadevan
Bench: R.Mahadevan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.Nos.6156 to 6160 of 2009
A.Ramanadhan ... Petitioner
(in W.P.No.6156/2009)
T.Rasakannu ... Petitioner
(in W.P.No.6157/2009)
A.Dhakshinamoorthy ... Petitioner
(in W.P.No.6158/2009)
I.Velayudham ... Petitioner
(in W.P.No.6159/2009)
P.Kaliyaperumal ... Petitioner
(in W.P.No.6160/2009)
Vs
1.The Secretary (Fisheries Department),
State Government of Tamil Nadu,
Fort St.George,
Chennai – 600 009.
2.The District Collector,
Nagapattinam.
3.The Assistant Director,
Department of Fisheries,
Government of Tamilnadu,
Nagapattinam.
http://www.judis.nic.in
2
4.The Tahsildar,
Tsunami Relief,
Nagapattinam. ... Respondents
(in W.P.Nos.6156 to 6160 of 2009)
Prayer in W.P.Nos.6156 to 6160 of 2009 :
Writ Petitions filed under Article 226 of the Constitution of India to issue
a Writ of Mandamus, directing the respondents to consider and to pass orders
for Tsunami relief in respect of the petitioners' big engine boat Nos.QDM(N)
5018, QDM(N) 532, PTK 943, QDM(N) 481, QDM(N) 287 which was destroyed and
disappeared in Tusnami on 26.12.2004 with reference to the application of the
petitioner dated 14.1.2005 in accordance with law.
For Petitioners : Mr.S.Govindraman
(in all W.Ps)
For Respondents : Mr.J.Ramesh
Additional Government Pleader
(in all W.Ps)
COMMON ORDER
These Writ petitions have been filed to direct the respondents to consider the application of the petitioners dated 14.01.2005, seeking compensation in respect of their engine boats, which were destroyed and disappeared in Tsunami on 26.12.2004.
2. According to the petitioners, they have owned motor boats bearing Nos.QDM(N)508; QDM(N) 532; PTK 943; QDM(N) 481; QDM(N) 287, respectively, which were destroyed and disappeared in Tsunami on 26.12.2004. It is further stated that to rehabilitate the livelihood of the fishermen, the Government http://www.judis.nic.in 3 had taken appropriate measures to rescue the affected people and also announced various welfare schemes, to enable them to restore their occupation. Pursuant to the same, the petitioners along with affected persons submitted an application on 14.01.2005 before the Tahsildar (Tsunami Relief), Nagapattinam, seeking compensation. Though, some of the affected persons were granted appropriate relief, the petitioners were not considered for the same. Hence, these writ petitions.
3. Upon notice, the respondents have filed a detailed counter affidavit, wherein it is stated that out of 68 fishermen in Poombukar Village, 49 fishermen were given Tsunami relief; as per the modalities of the Government, the petitioners must have submitted their application along with the self assessment report of the estimated value of the damages prepared by Licensed Surveyors or qualified Mechanic to the Inspection Team during spot inspection, but, the petitioners had not produced any valid documents to the said Team ; and hence, the claim of the petitioners was rejected.
4. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents. http://www.judis.nic.in 4
5. This Court, upon perusal of the documents, more particularly, the counter affidavit of the respondents, is of the view that without filing any application, much less with any details and / or any supporting documents, as directed by the Government, to the respondent authorities, with regard to the relief sought for herein, the petitioners have straight away come to this Court with the present writ petitions. Hence, these writ petitions are dismissed, giving liberty to the petitioners to approach the respondents with proper application along with required materials, provided if the same are not hit by limitation. No costs.
26.11.2018 Index: Yes/ No ms To
1.The Secretary (Fisheries Department), State Government of Tamil Nadu, Fort St.George, Chennai – 600 009.
2.The District Collector, Nagapattinam.
3.The Assistant Director, Department of Fisheries, Government of Tamilnadu, Nagapattinam.
4.The Tahsildar, Tsunami Relief, Nagapattinam.
http://www.judis.nic.in 5 R.MAHADEVAN, J.
ms W.P.Nos.6156 to 6160 of 2009 26.11.2018 http://www.judis.nic.in