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[Cites 2, Cited by 0]

Madras High Court

N.Maheswari vs The Government Of India on 7 February, 2019

Author: S.Manikumar

Bench: S.Manikumar, Subramonium Prasad

                                                  1

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                        DATED: 07.02.2019

                                               CORAM:

                              THE HONOURABLE MR.JUSTICE S.MANIKUMAR
                                                 and
                          THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
                                       W.P.No.31183 of 2018

                   N.Maheswari                                   .. Petitioner
                                                 Vs.

                   1. The Government of India
                      rep. by its Home Secretary,
                      Ministry of Home Affairs,
                      Disaster Management Division,
                      New Delhi.

                   2. The State of Tamil Nadu,
                      rep. by its Secretary,
                      Revenue Department, Secretariat,
                      Fort St.George, Chennai - 600 009.

                   3. The Revenue Administration,
                      Disaster Management and Mitigation Department,
                      Chepauk, Chennai - 5.                     .. Respondents


                   Prayer: Petition filed under Article 226 of the Constitution of
                   India seeking a Writ of Mandamus directing the respondents to
                   take appropriate steps to develop a disaster management plan as
                   contemplated by Disaster Management Division of the Union
                   Government, The Disaster Management Act, 2005 and National
                   Disaster Management Act, to manage the recovery steps after
                   GAJA cyclone detestation took place on 17.11.2018 forthwith and
http://www.judis.nic.in
                                                    2

                   provide a Generator to each village and take responsibility of cut
                   and remove the fallen trees.


                               For Petitioner      : Mr.P.Thiagarajan
                               For Respondent 1    : Mr.K.Srinivasamurthy
                               For Respondents 2&3 : Mr.E.Manoharan, A.G.P.
                                                -----
                                               ORDER

(Order of the Court was made by S.MANIKUMAR, J.) Instant writ petition is filed seeking a direction to the respondents to take appropriate steps to develop a disaster management plan as contemplated by Disaster Management Division of the Union Government, the Disaster Management Act, 2005 and National Disaster Management Act and to manage the recovery steps after GAJA cyclone devastation took place on 17.11.2018, forthwith and to provide a Generator to each village and take responsibility of cut and remove the fallen trees.

2. Mr.E.Manoharan, learned Additional Government Pleader submitted that Government has already framed State Disaster Management Perspective Plan for 2018-2030 and has also brought out a booklet and uploaded the same in the Tamil Nadu Government website. We have perused the said book. http://www.judis.nic.in 3

3. Though Mr.P.Thigarajan, learned counsel for the petitioner contended that the plan as such has not been properly implemented, considering the prayer sought for, we are not inclined to delve into the same unless and until petitioner comes out with a fresh writ petition. Nothing survives in the instant writ petition and the same is dismissed. No Costs.

[S.M.K., J.] [S.P., J.] 07.02.2019 kk To

1. The Home Secretary, Ministry of Home Affairs, Disaster Management Division, New Delhi.

2. The Secretary to Government, Revenue Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The Revenue Administration, Disaster Management and Mitigation Department, Chepauk, Chennai - 5.

http://www.judis.nic.in 4 S.MANIKUMAR, J.

AND SUBRAMONIUM PRASAD, J.

kk W.P.No.31183 of 2018 07.02.2019 http://www.judis.nic.in