Tamil Nadu Seeks Justice in Relief Fund Case

In New Delhi, the government of Tamil Nadu has approached the Supreme Court, urging the Centre to disburse financial aid amounting to Rs.19,692.69 crore for the aftermath of cyclone “Michaung” in December 2023. This appeal closely follows Karnataka’s plea for Rs. 35,162 crore to mitigate the severe drought it faced.

Through its chief secretary, Tamil Nadu has initiated legal action, urging the court to compel the Centre to address their submission dated December 26, 2023. This submission, directed to the Union Finance Minister, requested the release of Rs. 18,214.52 Cr to alleviate the extensive damage caused by unprecedented heavy rainfall in the southern districts of Tamil Nadu on December 17-18, 2023.

Additionally, the state government is pressing for action on a submission made on December 14, 2023, via the Inter-Ministerial Central Team (IMCT) of the Ministry of Home Affairs, seeking an interim assistance of Rs. 2000 Cr. Despite numerous appeals, the funds have not materialized, constituting a breach of the affected citizens’ fundamental rights.

The legal action asserts that the inaction of the Indian government in resolving the financial assistance issue is prima facie unlawful, arbitrary, and violates the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

Tamil Nadu contends it is being unfairly treated by the defendants, despite expert assessments by the IMCT and the sub-committee of the National Executive Committee. The government emphasizes that the delay in releasing funds from the National Disaster Response Fund, nearly three months after the submission of memoranda, lacks justification.

According to the state, the disparate treatment in fund allocation constitutes class discrimination and violates the National Disaster Management Policy and the federal nature of tax division. The 15th Finance Commission, responsible for allocating National Disaster Response Funds for the period 2021-2026, has been diligently followed by Tamil Nadu. Hence, the state sees no valid reason for delaying the disbursement of funds, given that all necessary formalities have been fulfilled in accordance with guidelines and the National Disaster Management Act 2005.