Traffic Ramaswamy sues TN govt for private property damage during floods, but is it a futile exercise?

The Madras High Court on Friday issued notices to government officials.
Traffic Ramaswamy sues TN govt for private property damage during floods, but is it a futile exercise?
Traffic Ramaswamy sues TN govt for private property damage during floods, but is it a futile exercise?
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Even though the Madras High court  issued notices to Government officials on a petition filed by activist "Traffic" Ramaswamy asking for compensation for damage sustained by his his son-in-law’s vehicles in floods, lawyers claim that this is a futile process and the government cannot be blamed for a natural disaster.

Talking to The News Minute, Paul Kanagaraj, President of the Madras High Court Advocates Association said, “It is a futile process. If one individual needs to file a case in the Madras High court he needs to have a proper case against the government. In such cases, the government can say that it was a natural calamity and the government cannot be held responsible for it. The court also will ask the petitioner to go to the insurance company for compensation.”

The Madras High Court on Friday ordered issue of notices to Tamil Nadu Home Secretary, Chennai Corporation Commissioner and Superintendent of Storm Water and Canals on a petition by social activist "Traffic" Ramaswamy seeking a direction for compensation to his son-in-law, whose vehicles were damaged in the recent floods.

While rejecting the objection raised by Special Government Pleader R Rajeswaran regarding the locus standi of Ramaswamy to file the petition, Justice T S Sivagnanam in his order said, "in the instant case, the petitioner is the father-in-law of the aggrieved person. Therefore the objection rose with regard to the petitioner's locus standi to file the present writ petition stands rejected."

Ramaswamy submitted that the Chennai Corporation had laid road on the water canals, particularly in Thyagaraya Nagar, which leads to Teynampet which has resulted in the flooding and damaging the vehicles of his son-in-law.

He claimed a total loss Rs 4,36,700 including for damages to the car and two wheeler of his son-in-law.

He contended that he had given a representation to the authorities on December 26 last year but no action was taken.

"The grievance of the petitioner is that a canal which was running in the backside of his property has been closed and authorities had laid road which has resulted in flooding.

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