The Tamilnadu Government represented by its chief Secretary has filed a suit against Union Government.The Suit is filed through P. Wilson Senior Advocate and D Kumanan TN Standing Counsel With the following reliefs

[03/04, 08:38]

The Tamilnadu Government represented by its chief Secretary has filed a suit against Union Government.
The Suit is filed through P. Wilson Senior Advocate and D Kumanan TN Standing Counsel With the following reliefs

: The Tamilnadu Government represented by its chief Secretary has filed a suit against Union Government.
The Suit is filed through P. Wilson Senior Advocate and D Kumanan TN Standing Counsel With the following reliefs

a) Directing the 1st & 2nd Defendants to consider the representation of the Plaintiff dated 14.12.2023 submitted through the Inter-Ministerial Central Team, Ministry of Home Affairs, Government of India regarding release of a sum of Rs. 19,692.69 Crore to the Plaintiff as financial assistance for the damage caused by cyclone “Michaung” in December 2023 within a time frame to be fixed by this Hon’ble Court;
b) Directing the 1st & 2nd Defendants to consider the representation of the Plaintiff dated 26.12.2023 submitted to the Hon’ble Finance Minister, Government of India regarding release of a sum of Rs. 18,214.52 Crore to the Plaintiff as financial assistance for the damage caused by the unprecedented extremely heavy rainfall in southern districts of Tamil Nadu on 17th to 18th December, 2023 within a time frame to be fixed by this Hon’ble Court; and
c) Pass other appropriate order or orders as are deemed fit and proper in the facts and circumstances of the case and in the interest of Justice;
The TN Government/ Plaintiff in the suit filed under Art 131 has averred that despite the IMCT reports, which visited Cyclone affected districts from 12.12.2023 to 14.12.2023 and the flood affected Southern Districts from 20.12.2023 to 21.12.2023 and 11.01.2024 to 14.01.2024 and made a comprehensive assessment of the situation in the State and consideration of the said report by the Sub Committee of the National Executive Committee constituted under Section 9 of the Disaster Management Act, 2005, Government of India has not taken a final decision on the assistance to the State from the National Disaster Response Fund even after a lapse of almost three (3) months from the date of submission of memoranda.

The Plaint further states that the inaction on the part of the Government of India to act on the reports and take a final decision to release financial assistance to the State is ex-facie illegal, arbitrary and violative of fundamental rights guaranteed to its citizens under Article 14 and Article 21 of the Constitution of India. Despite several requests, the Government of India has not released any funds to the State of Tamil Nadu towards relief and restoration for the twin calamities viz.,Cyclone “Michaung” (Migjaum) and Unprecedented Rains and Floods in Southern Districts  from the NDRF.
According to the Plaintif there has been an inordinate delay by the Ministry of Home Affairs in convening High Level Committee meeting to approve the quantum of relief from NDRF and consequential release of the funds to the State of Tamilnadu by the Finance Ministry which hampers the State development and causes mental agony and hardships to the people of this State who have suffered the severe natural calamities and who are expecting the relief measures from the Plaintiff State.
The Plaintiff has averred that after IMCT reports meeting of the Sub-Committee of the National Executive Committee has been held on 15.3.2024 to consider the reports of the Inter-Ministerial Central Teams on damages caused by floods /flash flood, landslides and cyclones of 2023 in Andhra Pradesh, Assam, Sikkim and Tamil Nadu.  The High Level Committee with the following members (a) Home Minister (b) Agriculture Minister (c) Finance Minister  (d) Vice Chairman, National Institution for Transforming India (NITI) are yet to meet and take a decision in this regard and it is unknown whether High Level Committee meeting has ever taken place in this regard .

The 15th finance comission which has allocated National Disaster Response funds for the award period 2021-2022 to 2025-2026 has dealt with the additional financial assistance in the event of disaster of severe nature. This has been scrupulously complied by the Plaintiff. Therefore, there is no valid reason or justification to delay the disbursement of funds to the Plaintiff State when all the required formalities are fulfilled as per the guidelines and the National Disaster Management Act 2005.
The Plaintiff State is being treated unfairly by the Defendants for not releasing the NDRF despite being assessed by the experts, IMCT, and sub-committee of National Executive Committee. There is no justification in delaying the release of funds. The differential treatment in the release of funds in comparison to other states is tantamount to class discrimination. It violates the fundamental rights of those who have suffered due to calamities and faced greater hardships and irreparable losses. This step-motherly treatment violates the National Disaster Management Policy, including financial relations and the federal nature of tax division by unfairly allocating funds to some states over others.
Despite several requests, the Union of India has not released the funds to the State of Tamil Nadu towards relief and complete restoration of the damages caused due to Cyclone / Floods from the NDRF and Hence the Suit.
[03/04, 08:38] sekarreporter1: Filed before Supreme Court