Financial Relief Is To Help Economically Weak Dependents Who Lost Their Breadwinners: Madras HC Dismisses PIL Challenging ₹10L Compensation To Those Affected By Kallakurichi Hooch Tragedy

The Court said that the wisdom of the Government on social reforms or economic policy is ordinarily not amenable to judicial review unless it is demonstrated that the policy is contrary to any provisions of the Constitution.

The Court was hearing a Writ Petition seeking issuance of a Writ of Mandamus directing the respondent not to distribute Rs.10 lakhs ex-gratia announced by the State Government to the persons who lost their lives by consuming illicit liquor recently in Kallakurichi District.

The bench of Justice S.S. Sundar and Justice N. Senthilkumar observed, “...ex-gratia payment is on humanitarian grounds. The financial relief is not to reward the victims but to help the dependents of the victims who are economically weak and have lost their breadwinners in the family.”

Advocate A.Kumanaraja appeared for the Appellant and Advocate General P.S. Raman appeared for the Respondent.

Brief Facts-

The Petitioner who claimed himself to be a social worker filed the present Public Interest Litigation after the Chief Minister of Tamil Nadu announced a relief scheme for the family members of the victims who died due to consumption of illicit liquor in Kallakurichi. He raised objections to announcing a huge amount of Rs.10 lakhs as ex-gratia on the death of people who lost their lives due to consumption of illicit liquor, primarily on the ground that persons indulged in illegalities cannot be encouraged by rewarding them for their illegal conduct.

The Court mentioned the decision in S.P. Anand Vs. H.D.Deve Gowda reported in 1996 [6] SCC 734 where according to the Court Supreme Court indicated, “indicated that a person seeking to espouse a public cause, owes it to the public as well as to the Court that he does not rush to Court without undertaking a research, even if he is qualified or competent to raise the issue.”

The Court said that the SC deprecated the practice of anyone knocking on the doors of the Court by way of Public Interest Litigation with half-baked information and without proper research. The Court will not encourage people who are not qualified or competent to raise such issues.

The Court observed, “In democracy, it is the prerogative of each elected Government to follow its own policy. Unless any illegality is committed in the execution of the policy or the policy itself is unconstitutional, the Court will not interfere with such decisions especially when the announcement awarding ex- gratia payment is only for helpless children of parents who are living in below poverty line.”

The Court said that the Government, as a welfare State, taking moral responsibility for the whole incident, has announced a package to the dependents who deserve it as they are not responsible for what they are today.

Accordingly, the Court dismissed the Writ Petition.