In a PIL regarding Cyclone Ockhi, the Madras High Court held that cyclones are acts of God and not liable for fixed compensation by the court, but directed Respondents to provide relief under existing norms.
None granted, but Government noted as bound to provide relief under existing norms for Cyclone victims.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2017
CORAM
The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND
The HON'BLE MRS.JUSTICE R.HEMALATHA
W.P.No.31653 of 2017
Fisherman care, Registered Association, Bearing S.L.No.386 of 2010, rep. by its President L.T.A.Peter Rayan, No.6, Nagalakshmi Salai, Tiruchandur Nagar,
Old Pallavaram, Chennai – 600 117. .. Petitioner vs.
1.Union of India, rep. by the Secretary, Ministry of Agriculture Food and Civil Supplies Consumer Affairs and Public Administration, Department of Animal Husbandry, Dairying and Fisheries Department, Krishna Bhavan, New Delhi – 110 001.
2.Union of India, rep. by the Secretary, Ministry of Defence, South Block, New Delhi – 110 001.
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4.State of Tamil Nadu, rep. by its Chief Secretary, Fort St. George, Chennai – 600 009. .. Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to file a report before this Hon'ble Court about the details of the rescue operations carried out by the respondents along with the list of fisherman rescued and the steps taken to trace the missing fisherman and consequently direct the respondents to formulate rehabilitation schemes to rehabilitate the families of the Indian Tamil Fishermen, who are affected by cyclone Ockhi by providing compensation, employment and financial assistance for seeking their livelihood.
For Petitioner : Mr.L.P.Maurya For Respondents : Mr.J.Madhanagopal Rao SGSC for respondent Nos.1 to 3
Mr.T.N.Rajagopalan Government Pleader (i/c) for respondent No.4
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ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
This writ petition by way of public interest has been filed by
Fisherman care, an association to promote and protect the interest of the fishermen.
the Bay of Bengal intensified into a cyclone named “Ockhi” and
hit the southern most part of the Indian mainland. Heavy rains accompanied by strong gusty winds caused loss of lives and
uprooted trees and electric poles in Kanyakumari District in Tamil Nadu. The southern coastal areas of Kerala and Tamil Nadu were
devastated by the Cyclone Ockhi.
and 950 electric poles in Kanyakumari District at around 6.50 PM on 30.11.2017 and claimed lives. Trees and electric poles were
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uprooted at Vadaserry, Nagercoil, Thuckalay, Marthandam, Colachel, Kanyakumari, Kaliyakkavilai, Aralvaimozhi, Eathamozhi and other areas.
Kanniyakumari, Nagercoil – Thiruvananthapuram and Nagercoil – Tirunelveli sections on account of cyclonic winds and incessant torrential rains. All flights passing through the area were diverted.
55 to 65 Km per hour, which rose to 75 Km per hour on 30th
November/1st December, 2017, sea conditions became very rough and many fishermen who were fishing in the deep sea, got swept away and are not traceable.
statement yesterday that 2604 out of 2864 fishermen caught in
the cyclone had been rescued. However, the exact figures would necessarily have to be ascertained.
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Guard and the Indian Navy have plunged into rescue operations. The Tamil Nadu State Disaster Management Authority had issued
warning to fishermen not to go fishing in the Arabian Sea.
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by the Government - be it the State Government or the Union of India, to rescue the fishermen and also to provide immediate relief to those affected by the Cyclone by providing them with shelter, food, clothing, medical treatment and the like.
writ petition, it appears that a fisherman, who reached the shore by his own effort, stated that only God saved his life. He stated that they were thrown into the sea by the Cyclone Ockhi. He also stated that he saw several bodies floating. At the cost of repetition, it is reiterated that many fishermen have been swept away, some of them have died, others are not traceable. It is not known whether those missing are dead or alive. Media reports reveal that about 600 fishermen managed to reach Gujarat on their own.
12. There can be no doubt that Navy and the Indian Coast
Guard should take necessary steps to conduct search operations
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to rescue those who might be stranded. The respondents are bound to provide cyclone affected people with temporary shelter, food, clothing, drinking water and medical aid. It is for the Government to frame a scheme for providing financial assistance to the cyclone victims. However, it is not for this Court to fix the amount of compensation in case of a cyclone, which is an act of God. It is for the Union of India and the State Government to evolve norms for rehabilitation of not only fishermen, but also others hit by the cyclone in the affected areas and rendered homeless. The plight of those affected by the Cyclone Ockhi is pitiable.
over a Government Order being G.O.(Ms) No.380, Revenue [DM.III(2)] Department, dated 27.10.2015 in relation to grant of financial assistance to the victims of natural calamities from the State Disaster Response Fund. The norms of assistance are as follows:
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accommodation in relief camps, food, clothing, medical care etc., for cyclone victims evacuated and/or otherwise rendered homeless.
an adversarial litigation, we need not go into the question of
whether the steps taken by the Government are appropriate or
not. We expect that benevolent measures shall be taken by the
State and the Central Government.
The writ petition is disposed of. No costs.
(I.B., CJ.) (R.H., J.)
05.12.2017
Index : No
Internet : Yes
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To: 1.The Secretary, Ministry of Agriculture Food and Civil Supplies Consumer Affairs and Public Administration, Department of Animal Husbandry, Dairying and Fisheries Department, Krishna Bhavan, New Delhi – 110 001. 2.The Secretary, Ministry of Defence, South Block, New Delhi – 110 001. 3.The Director General, Coast Guard Headquarters, National Stadium Complex, New Delhi – 110 001. 4.The Chief Secretary, Fort St. George, Chennai – 600 009.
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THE HON'BLE CHIEF JUSTICE AND R.HEMALATHA, J.
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W.P.No.31653 of 2017
05.12.2017
2 issues framed by the court
Whether the court should direct respondents to provide a report on rescue operations and formulate rehabilitation schemes for fishermen affected by Cyclone Ockhi.
Whether the State or Union Government should bear liability to fix compensation amounts for cyclone victims being an act of God.
Fisherman care
Union of India
State of Tamil Nadu
Indira Banerjee
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
