(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. 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