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2019 DIGILAW 1685 (MAD)

S. Muruganandam v. District Collector, Thanjavur

2019-06-18

R.SURESH KUMAR

body2019
JUDGMENT : (Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 & 2 to give compensation to petitioner on the petitioners representation dated 31.12.2018.) 1. The prayer in this writ petition is for a Writ of Mandamus, directing the respondents 1 & 2 to give compensation to the petitioner based on his representation dated 31.12.2018. 2. Heard Mr.MA.Karunanithi, learned counsel appearing for the petitioner and Mr.P.Kannidevan, learned Additional Government Pleader appearing for the respondents. 3. The case of the petitioner is that, the petitioner is a resident of Katharikollai Street, Karambayam Village, Pattukkottai Taluk, Thanjavur District, where, he had been residing in a tiled house (“TAMIL”) belongs to the petitioner. 4. When that being so, due to the Gaja Cyclone, which hit the Delta Districts of Tamilnadu, especially Thanjavur District on 15.11.2018, as the same has heavily damaged the properties of thousands of people, the entire tiled house belongs to the petitioner also was shattered and was completely damaged. 5. In order to get compensation from the Government for the said loss sustained by the petitioner, he seems to have applied to the respondents. Before which, on the next day of Gaja Cyclone that is on 16.11.2018 the Revenue officials visited the petitioner's property and assessed the damages and noted the extensive damage caused to the petitioner's house. Since no compensation has been paid to the petitioner for all these months, the petitioner has approached this Court with the aforesaid prayer. 6. During the last hearing, direction was given to the respondents through the learned Additional Government Pleader to get written instruction with regard to the prayer sought for herein. 7. Accordingly, Mr.P.Kannidevan, learned Additional Government Pleader, appearing for the respondents has submitted a written instruction provided by the Thasildar, Pattukkottai in proceeding e.f.4549/2019/M9, dated 17.06.2019. Among other things in the said written instructions, the Thasildar has stated the following: “TAMIL” 8. 7. Accordingly, Mr.P.Kannidevan, learned Additional Government Pleader, appearing for the respondents has submitted a written instruction provided by the Thasildar, Pattukkottai in proceeding e.f.4549/2019/M9, dated 17.06.2019. Among other things in the said written instructions, the Thasildar has stated the following: “TAMIL” 8. By relying upon the said written instructions, the learned Additional Government Pleader submitted that, since the fully damaged tiled house has not been included in the list of damaged property, which entitled to have compensation, in the Government Order, i.e. G.O.(Ms.)No.458, Revenue Administration and Disaster Management Department, dated 20.11.2018, immediate compensation could not be given to the petitioner, but, now, as has been stated by the Thasildar in the written instructions, steps are being taken to get sanction from the higher authorities. 9. I have heard the said submissions made by the learned counsel appearing for both sides and have perused the materials placed before this Court. 10. No doubt true that Gaja Cyclone was one of the worst and devastating Cyclone in the recent years in Tamilnadu, which in fact, devastated the livelihood of thousands of people in the Districts of Thanjavur, Tiruvarur, Nagapattinam, Pudukkottai and also some other Revenue Districts in the State of Tamilnadu. Several thousands of people lost their livelihood like houses, trees, crops and fisherman lost their boats and fishing nets etc. 11. In order to meet such a devastated situation, though the Government had taken steps and in this regard, though the Government has come forward to announce compensation to those victims, who lost their properties, crops and trees and a Government Order to that effect has been issued in G.O.(Ms.)No. 458, as referred to above, it seems that, the Government has not made any provision for providing compensation to the Gaja victims, who lost their tiled/pakka house. In this context, the relevant portion of the said Government Order is extracted herein for easy reference: “4. The amount sanctioned in paragraph 3 above is subject to the following conditions: (i) In respect of sanction of Gratuitous relief of Rs.8800/- for clothing, utensils, loss of livelihood, sanction should be restricted to families in camps/families whose house is fully damaged and to the fishermen families whose catamaran, vallam etc are damaged. (ii) In respect of crop damage compensation to small farmers and marginal farmers will be eligible for entire affected area and for other farmers compensation shall be limited to two hectares. (ii) In respect of crop damage compensation to small farmers and marginal farmers will be eligible for entire affected area and for other farmers compensation shall be limited to two hectares. (iii) In respect of fully damaged huts Rs. 10,000/- as compensation shall be allowed in respect of partially damaged houses State Disaster Response Fund(SDRF) norms to be followed. (iv) In respect of affected coconut trees Rs. 600/- per tree shall be paid as compensation. Rs. 500/- per tree shall be sanctioned for cutting and removing the fallen trees (v) In respect of Cashew, Mango and Jackfruit trees Rs.500/- per tree shall be sanctioned for cutting and removing the fallen trees. (vi) Sanction of compensation to other crops will be as per State Disaster Response Fund (SDRF) norms (vii) Sanction of compensation over and above SDRF norms shall be taken under State Fund.” 12. Whether this omission of tiled house from the purview of paying compensation in the said G.O. is an inadvertent omission or purposeful omission is not known. 13. Be that as it may, if the Government comes forward to give compensation to those, who lost the huts, the Government should have thought of the victims, who lost their tiled house in that locality. So far as the petitioner is concerned, it is an admitted fact that the entire tiled house of the petitioner has been completely damaged and this has been admitted by the Tahsildar concerned in the written instructions referred to above. 14. While that being so, denying the compensation to such victims, who lost their only dwelling house is a great injustice to a class of citizens, who are also affected by virtue of this natural calamity ie. Gaja Cyclone. 15. Though the Thasildar concerned has stated in the written instructions that continuous action being taken to get sanction of compensation to those, who lost tiled house also, it seems that, the Government has not come forward to issue any policy decision by issuance of Government Order to that effect so far. In the absence of any Government Order, it cannot be presumed that the higher authorities would sanction compensation to the petitioner, pursuant to the request made by the Thasildar concerned. 16. In the absence of any Government Order, it cannot be presumed that the higher authorities would sanction compensation to the petitioner, pursuant to the request made by the Thasildar concerned. 16. This state of affairs if continues and by virtue of that, if large number of Gaja Cyclone victims, who lost their tiled houses suffered, the attitude of the Government towards this issue, as projected now, cannot be appreciated. 17. In that view of the matter, this Court is inclined to pass the following order by disposing this writ petition: “that the State Government ie. the Department of Revenue Administration and Disaster Management, shall take a policy decision with regard to the quantum of compensation payable to the victims of Gaja Cyclone where they have lost their tiled houses. (ii) Based on such policy decision, the Government order to that effect shall be issued. (iii) In that Government Order, the quantum of compensation shall be earmarked, which must be equal to or to be adequate enough enabling the victims to restructure/reconstruct their houses, since it is the only dwelling house of most of the victims. (iv) Till such full compensation is paid, an interim compensation shall be paid to such victims, who lost their tiled house and such interim compensation can be decided by the District Collector concerned, depending upon the immediate need of the victims, to make a dwelling house for the present.” 18. The aforesaid exercise shall be undertaken by the respondents as well as the State Government within a period of thirty days from the date of receipt of a copy of this order. In order to enable the State Government to take a decision and comply with the aforesaid directions, the copy of this order shall be communicated to the Secretary to Government, Revenue Administration and Disaster Management, as well as the Additional Chief Secretary / Commissioner of Revenue Administration. The needful shall be done, as indicated above, within the aforesaid time frame and a compliance report to that effect shall be filed before this Court. For the said purpose of filing report post this Writ Petition on 23.07.2019.