R.Balaji vs The State Of Tamil Nadu
2022 Latest Caselaw 6088 Mad

                                                                            W.A.No.683 of 2022



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 24.03.2022

                                                         CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                           AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                   W.A.No.683 of 2022
                     R.Balaji                                              .. Appellant

                                                           Vs

                     1.The State of Tamil Nadu,
                       rep. by its Secretary to State,
                       Department of Fisheries,
                       Fort St. George,
                       Chennai - 600 009.

                     2.The District Collector,
                       Collectors' office,
                       Ma Singaravelar Maligai,
                       Chennai.                                            .. Respondents


                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
                     against the order dated 17.11.2021 made in W.P.No.10823 of 2016.


                                     For the Appellant      : Mrs.Karthikaa Ashok

                                     For the Respondents    : Mr.P.Muthukumar
                                                              State Government Pleader



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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.683 of 2022



                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

By this writ appeal, a challenge is made to the judgment dated

17.11.2021 passed by the learned Single Judge dismissing the writ

petition.

2. The writ petition was filed to seek compensation for the loss

of mechanized boat in the tsunami. The learned Single Judge

examined the issue in reference to G.O.Ms.No.48, dated 29.1.2005

and, after recording reasons, dismissed the writ petition holding that

the appellant is not entitled to the benefit under the aforesaid

government order.

3. Learned counsel for the appellant submits that apart from

the claim made under G.O.Ms.No.48, dated 29.1.2005, the appellant

also pursued the claim in reference to other government orders,

especially the government order under the Disaster Management

Act, 2005, but the same has not been dealt with by the learned

Single Judge.

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https://www.mhc.tn.gov.in/judis W.A.No.683 of 2022

4. Learned counsel for the appellant, however, submitted that

the appellant may be permitted to withdraw the appeal with liberty

to file a review petition before the learned Single Judge in reference

to the claim under other government orders.

In view of the above, the appeal is dismissed as withdrawn

with liberty as prayed for. There will be no order as to costs.

                                                                 (M.N.B., CJ)       (D.B.C., J.)
                                                                           24.03.2022
                     Index : Yes/No
                     sasi

                     To

1.The Secretary to Government State of Tamil Nadu, Department of Fisheries, Fort St. George, Chennai - 600 009.

2.The District Collector, Collectors' office, Ma Singaravelar Maligai, Chennai.

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https://www.mhc.tn.gov.in/judis W.A.No.683 of 2022

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARHY, J.

(sasi)

W.A.No.683 of 2022

24.03.2022

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https://www.mhc.tn.gov.in/judis