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Madras High Court
K.Pajany vs The Secretary To Government on 20 January, 2026
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2026:MHC:269
W.A.No.3266 of 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.No. 3266 of 2023
K.Pajany ...Appellant
Vs.
1.The Secretary to Government,
Government of Puducherry,
Department of Revenue and Disaster Management,
Puducherry – 605 001.
2.The Special Secretary (Revenue),
Government of Puducherry,
Department of Revenue and Disaster Management,
Puducherry – 605 001.
3.The Relief Commissioner-cum-Secretary,
(Disaster Management),
Government of Puducherry,
Secretariat, Beach Road,
Puducherry – 605 001.
4.The District Collector,
Puducherry District Collector-cum-Revenue Department,
Puducherry.
5.The Tahsildar,
O/o.the Tahsildar Office,
Villianur,
Puducherry – 605 110. ...Respondents
PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order made in W.P.No.16605 of 2023 dated 06.06.2023.
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W.A.No.3266 of 2023
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For Appellant : Mrs.R.Kalaiyarasi
For Respondents : Mr.V.Vasanthakumar,
Addl. Govt. Pleader (Puducherry)
*****
JUDGMENT
(Judgment of the Court was delivered by C.KUMARAPPAN, J.)
The present Writ Appeal is filed against the order of the learned Single
Judge in W.P.No.16605 of 2023 dated 06.06.2023.
2. In the Writ Petition, the appellant has sought for the relief to direct the
respondents 2 to 5 to pay a sum of Rs.2,00,000/- towards the Relief Fund
Assistance due to the death of the petitioner’s mother K.Periyanayagam @
Periyanayagi under natural calamity (Thane Cyclone).
3. The main contention put forth by the learned counsel for the appellant
is that his mother K.Periyanayagam @ Periyanayagi died due to Thane
Cyclone, whereas the Authorities by referring irrelevant factors have rejected
the appellant’s claim and even the learned Single Judge without considering
the petitioner’s case has dismissed the Writ Petition and has prayed to
interfere with the order of the learned Single Judge.
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4. We have given anxious consideration to the submissions of the
learned counsel on either side.
5. The main contention put forth by the learned counsel for the appellant
is that his mother died due to Thane Cyclone. But, while referring the
impugned order, the Authority has referred that the appellant’s mother had TB
and was admitted in the Lakshminarayan Medical College and Hospital,
Koodapakkam, Puducherry for treatment and that about few days prior to
Thane Cyclone she was discharged from the Hospital and only due to the
ailment which she had been suffering, she died on 31.12.2011 and her death
was only a natural death. The Authority has further mentioned that the receipt
of crematorium would also indicate the factum of natural death of the
appellant’s mother.
6. The learned Single Judge has gone into these aspects and, since
because there was factual disputes raised between the parties, arrived at a
conclusion that the writ Court cannot go into the disputed facts and to decide
such disputed facts trial nature proceedings is essential. Therefore, directed
the appellant to approach the civil Court.
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7. The finding reached by the learned Single Judge is in accordance
with law and we do not find any infirmity in the order of the learned Single
Judge. Thus, we do not find any merit in the Writ Appeal.
8. In the result, the Writ Appeal is dismissed. No costs.
(S.M.S., J.) (C.K., J.)
20.01.2026
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
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To
1.The Secretary to Government,
Government of Puducherry,
Department of Revenue and Disaster Management,
Puducherry – 605 001.
2.The Special Secretary (Revenue),
Government of Puducherry,
Department of Revenue and Disaster Management,
Puducherry – 605 001.
3.The Relief Commissioner-cum-Secretary,
(Disaster Management),
Government of Puducherry,
Secretariat, Beach Road,
Puducherry – 605 001.
4.The District Collector,
Puducherry District Collector-cum-Revenue Department,
Puducherry.
5.The Tahsildar,
O/o.the Tahsildar Office,
Villianur,
Puducherry – 605 110.
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S.M.SUBRAMANIAM, J.
and
C.KUMARAPPAN, J.
dsa
20.01.2026
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