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Judgment
K. Chandru
The three petitioners were Judicial Officers serving in the Subordinate Judiciary in the State of Tamil Nadu. Curiously in this Writ Petition, they
have sought for a direction to the 2nd respondent, namely the Joint Commissioner of Relief and Rehabilitation, Revenue Administration, Disaster
Management and Mitigation Department, Chennai to pay the compensation for the loss of their personal belongings due to Tsunami occurred
during the year 2005.The Writ Petition was admitted on 16.8.2007. On notice from this Court, the 2nd respondent has filed a counter affidavit
dated 10.10.2007.
The grievance of the three petitioners is that they were allottees of tenements. While residing in the official quarters provided at Nagapattinam,
due to Tsunami that occurred on 26.12.2004, their properties were damaged including Television Set and other articles kept in the quarters.
In the counter affidavit filed by the 2nd respondent, it is stated that the claim made by the petitioners do not come under the norms fixed under
the Calamity Relief Fund and if any such sanction is made, it will open the floodgates of similar claim made by others. In paragraph No.7, it was
averred as follows:
It is submitted that it is not true that the Government compensated the personal losses of the General Public affected by Tsunami in cash and kind
as averred by the petitioners. It is also submitted that the Government had paid relief packages for fishermen family who lost their livelihood,
employment opportunity and other petty trades. The Government have carefully examined the request of the Judicial Officers in the background of
the fact that no compensation was extended to any affected persons/families for the loss of personal belongings. In fact, several such claims from
the general public and government employees in this regard have not been entertained as personal belongings generally need to be covered under
personal insurance.
In spite of the counter affidavit, this Court directed the learned Additional Government Pleader to produce the necessary Government Orders
granting relief to the Tsunami affected persons. In G.O.Ms.No.574, Revenue (NC.III) Department dated 28.12.2004, Rs.1 Lakh was allowed
per person dead in the calamity to the families of deceased. In G.O.Ms.No.575, Revenue (NC.III) Department dated 28.12.2004, relief was
given to the families who lost their huts. In G.O.Ms.No.576, Revenue (NC.III) Department dated 28.12.2004, relief was given to the fishermen
for loss of fishing implements, vallam and catamarans .In G.O.Ms.No.121, Revenue (NC.III) Department dated 23.2.2005, relief package of
Rs.2000/- per petty shop and Rs.5000/- per pucca shop was given to the shop owners. In G.O.Ms.No.8, Revenue (NC.III) Department dated
5.1.2005, compensation was given to the persons who have lost their livelihood. In G.O.Ms.No.4, Revenue (NC.III) Department dated
8.1.2005, a sum of Rs.5 Lakhs to each orphaned child was granted. Even in the circular issued by the Government of India dated 27.6.2007,
providing for different rates of compensation, there is no loss provided for expensive items like the one claimed by the petitioners, namely loss of
Gold Jewellery, Television, two-in-one, Gas Stove, Grinder, Mixie etc. The petitioners have no right to claim any such compensation. In the
absence of any legal or enforceable right on the part of the petitioners and there being no obligation on the part of the State, the present claim made
by the petitioners is misconceived and cannot be countenanced by this Court. Hence, the writ petition stands dismissed. No costs.