2024 Supreme(Online)(Mad) 70717
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
MRS.PADMAJA PRAKASH – Appellant
Versus
GOVERNMENT OF TAMIL NADU – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29..07..2024 Coram THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Writ Petition No.20807 of 2024 Mrs.Padmaja Prakash ..... Petitioner -Versus-
1.Government of Tamil Nadu, Rep. by its Secretary, Department of Revenue and Disaster Management, Secretariat, Chennai 600 009.
2.The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
3.The District Collector, Chennai District, 62, Rajaji Salai, Beach Road, George Town, Chennai 600 001.
4.The District Collector, Salem District, Fort Main Road, Salem 636 001.
5.The District Collector, Tiruvallur District, Chinna Ekkadu, Jaya Nagar, Tiruvallur 602 001.
6.The Tahsildar, Salem Taluk, Salem District.
7.The Sub Registrar, T.Nagar Sub Registrar Office, Anna Salai, Fanepet, Nandanam, Chennai 600 035.
8.The Joint II Sub Registrar, Chennai South Joint II Sub Registrar Office, Anna Salai, Fanepet, Nandanam, Chennai 600 035.
9.The Sub Registrar, Salem West Joint III Sub Registrar Office, Sivathapuram, Chengikottai, Salem 636 307.
10.The Sub Registrar, Manavalanagar Sub Registrar Office, Melnallathur, Tiruvallur 602 002.
11.Sakthi Financial Services, Chennai, Rep. by its Manager, NO.12, Opp. Adayar Ananda Bhavan, Mahatma Gandhi Road, Shastri Nagar, Adayar, Chennai 600 041.
..... Respondents Petition filed under Article 226of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 25.05.2024 and consequently directing the respondents to certify that the copies of the documents should be treated as if they were originals, since the originals were damaged due to a natural calamity during cyclone Michaung that hit Chennai and its suburbs in December, 2023, and affixing the original document stamp or seal in the place of the original documents, which were kept in the safety locker No. 1965 at the th
11 respondent, Financial Services, and damaged.
For Petitioner : Mr.Kandhan Duraisami For Respondent (s) : Mr.S.J.Mohamhed Sathik, Government Advocate for RR1, 3 to 6 : Mr.B.Vijay, Additional Government Pleader for RR2, 7, 8, 9 and 10
ORDER
This writ petition has been filed seeking a writ in the nature of mandamus, directing the respondents to consider the representation of the petitioner dated 25.05.2024 and certify that the copies of the property documents and other personal documents issued by the public authorities may be treated as if they are originals as the originals were damaged in the flood during the cyclone Michaung that hit Chennai City and neighbouring three districts affixing the original document stamp or seal in the place of the originals, which were damaged when they were kept in the safety locker at the th
11 respondent institution due to the inundation of flood water.
2. The case of the petitioner in brief, as culled out from the averments made in the writ petition, is that she is a resident of Indira Nagar, Adayar, Chennai; she rented a locker facility at Sakthi financial services and kept her gold jewellery and other valuable articles in safe custody at the locker: she used to operate the locker facility depending upon necessity; during December 2023, a Michaung cyclone hit Chennai city and its suburbs; houses of citizensand their properties were flooded due to heavy rain fall; property documents and several other documents issued by central and state government authorities were soaked in the flood waters; in the calamity the office of the 11th respondent institution and safety lockers in which valuables and property documents were under the safe custody also flooded resulting in the documents were all soaked in the flood waters, and the documents were either smudged, th faded or become unreadable. The 11 respondent by its letter dated 30.12.2023 certified the fact that property documents kept in the locker have all got damaged due to flood during cyclone Michaung.
3. The following are the details of the documents relating to various immovable