Residency and family status in the affected area are key factors in determining eligibility for Tsunami relief house allotment as per government orders.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent - Deputy Collector (Revenue), Revenue Department, Puducherry, pertaining to his letter vide letter No.8242/DC/(R) N/Tsu-A4/2011 dated 18.10.2012 and to quash the same and consequently, direct the respondent to allot Tsunami house to the petitioner.)

1. The petitioner is one Mr.Chezhian. He seeks certiorarified mandamus challenging letter dated 18.10.2012 that has been passed by the 1st respondent – Deputy Collector (Revenue), Revenue Department, Puducherry and for a consequential direction to the respondents, R1 as well as the Tahsildar, Oulgaret Taluk, Puducherry, being the 2nd respondent, to allot a house to the petitioner in place of the house that was destroyed by the Tsunami in 2004.

2. The petitioner claims that he was born and brought up at Ganapathichettikulam Fishermen Colony at Puducherry and was residing in a house in that colony. His house, along with other houses in that hamlet, was destroyed by the Tsunami which hit the seashore of Puducherry Union Territory on 26.12.2004. The petitioner lost his father in that disaster as well.

3. Various relief measures were announced by the Government and the petitioner was given a sum of Rs.20,000/- as an adhoc measure on 03.01.2005. His boat had been damaged for which also, compensation was paid. He thus claims that the Government has accepted his eligibility to Tsunami relief and he is thus eligible to all other welfare measures as well.

4. The Government had announced a scheme for construction of houses for the persons affected by the Tsunami. A list of persons eligible for welfare measures had been prepared wherein the petitioner’s name figured and thus, he would submit that his name ought to have also been considered for the allotment of a house.

5. However, in the final list of eligible persons that was prepared by the committee, he found that his name did not figure therein. Pursuant to several representations, he received the impugned letter which he challenges in the present writ petition. The impugned letter, no doubt, is cryptic and non-speaking and reads as below:-

“Government of Puducherry

Office of the Deputy Collector (Revenue) North

No.8242/DC(R)N/Tsu-A4/2011 Puducherry, the 18 Oct 2012

To

Thiru.K.Cheziyan,

Son of Ganesan,

No.30, North Street,

Kanagachettikulam,

Puducherry,

Sir,

Sub: SC(R) N – Request from

Thiru.K.Cheziyan,

. . . .

Puducherry for Tsunami house – Reg.

Ref: Your application dt. 11.06.2012

-o0o-

Your petition / request for allotment of Tsunami house has been carefully examined and it is informed that the allotment of houses to the beneficiaries was decided by a duly constituted Village Committee formed by the Government which has selected the beneficiaries after examining each petition on case-to-case basis. Your petition was not considered by the committee and therefore, your request could not be acceded to.

Yours faithfully,

sd/- xxx

Deputy Collector (Revenue) North

6. After hearing on 30.01.2023, the following order was passed by this court:-

“Pleadings are complete. Print the name of Mrs.V.Usha, learned Additional Government Pleader (P) for respondents.

2. The petitioner claims to be a fisherman residing at Ganapathichettikulam, Puducherry. He claims to have affected in the Tsunami which hit the seashore of Puducherry on 26.12.2004 and losing in the course of the same, his house, some members of his family and his possessions. He had, admittedly, made applications on 11.06.2012 and 04.07.2012 seeking allocation of a