IN THE HIGH COURT OF MADRAS

(ORIGINAL JURISDICTION)
W.P. No. / 2024

BETWEEN
Ms. Shivani
Aged 21 Years
Residing at: Poet apartment,
Raghav nagar, Acharya
Chennai District,
Chennai- 500042
…PETITIONER

AND

1. The State of Tamil Nadu

2. Water resources department,

Govt.of Tamil Nadu
Dandia, Chennai 600 005

3. Department of housing and urban development

Secretariat, Chennai 600 009

…..RESPONDENT
 MEMORANDUM OF (CIVIL) WRIT PETITION UNDER

ARTICLE 226 OF THE CONSTITUTION OF INDIA

The Petitioner submits as follows:

The present petition has been brought by the Petitioner the Department of Water

Resources under the government of Tamil Nadu. The recent floods in Chennai due

to Michaung cyclone has raised concerns regarding the flood control measures and

protocols existing in Chennai.

Brief Facts:

1. The Petitioner is a resident at Elite Apartments, Velachery. Velachery was one

of the most affected areas during the time of recent floods in Chennai. The

Michaung cyclone created a devastating effect on the livelihood of people.

2. With a population of 8,653,521 and an area of 1,189 square kilometers, the

Chennai metropolitan region (CMA) is the fourth most populous metropolis in

India. Situated in the northeastern region of Tamil Nadu, this city is a level plain

surrounded on three sides by the districts of Chengalpattu and Thiruvallur, and on

the east by the Bay of Bengal. The region's patterns of land use and land cover

have changed as a result of population and area expansion.

3. Chennai, which is located on India's eastern coast, experiences severe storm

surges and flooding during the northeast monsoon season, which runs from

September to November. While certain areas of the city see yearly local flooding,
major occurrences like the floods in 1985 and the 1918 cyclone have become less

memorable. But in November and December of 2015, history was repeated in the

city and its coastal areas when a catastrophic flood devastated over 4 million

people, killed over 470 people, and caused significant economic losses.

4. The unexpected and rapid nature of the flood caused various governmental and

non-governmental organizations to launch haphazard and disorganized relief and

response efforts. Loss of power, shelter, and logistical resources forced industrial

and commercial centers to temporarily halt production. Despite the chaos and wide-

ranging effects, the incident united individuals and organizations from Chennai and

beyond to support the flood victims. Assistance was provided in a range of ways

and from many societal segments to the impacted places and their inhabitants.

5. After the 2015 South India floods, Tamil Nadu should have been ready to face

similar situations.

6. The recent floods in Chennai caused by the Michaung Cyclone has highlighted

that our city has not efficiently planned the flood management strategies. Due to

which the city suffered extreme damages to livelihood.

7. The city's worst-affected neighborhoods are Pallikaranai, Tambaram, West

Mambalam, Mylapore, Kodambakkam, Nungambakkam, Anna Nagar, and

Velachery.

8. After the 2015 flood the public was of the expectation to have efficient flood

management protocol to react and tackle to such sudden and grave situations.
9. By looking at the serious impact of this cyclone it is safe to say that we were not

much prepared to manage and tackle it. The government and other concerned

officials & authorities should have taken some preventive measures or should have

at least had a plan with backups of main sources like food, water, shelter etc.

10. It is submitted that, the existing flood management methods were not sufficient

and the government and concerned bodies were not prepared enough to face this

cyclone.

11. Although the mortality rate is lesser as compared to the 2015 floods, it’s still

there. Lots of movable and immovable properties were damaged, livelihoods were

affected, basic resources like food, water and shelter were affected greatly.

12. If the government had a proper implementation plan in hand, the situation

could’ve been less bad.

GROUNDS:

1. THAT the Petitioner and the public was greatly affected by the flood because

inefficient management and tackle plans by the government and other concerned

authorities.

2. THAT the concerned departments hadn’t built proper drainage system which

led to stagnation and over flowing of flood waters into houses, roads etc. Water

builds up on streets and in residential areas due to clogged storm water drains or

drains that are not meant to manage heavy rainfall.

3. THAT it was the duty of the climate / weather department to take preventive

measures for that cyclone before or when it started. A higher danger of flooding

might arise from more frequent and severe rainfall brought on by changes in

climatic patterns. Coastal flooding can also be caused by rising sea levels.

4. THAT the concerned authorities have not efficiently planned the deforestation

and land use for urbanization which lead to increased surface runoff and higher

flood risk.

5. THAT negligent management of river basins and dams may be a factor in

flooding downstream. Concerned officials must be questioned regarding this

concern. The chance of flooding can rise with proximity to rivers or other bodies of

water, particularly during times of intense precipitation.

6. THAT unplanned development, illegal construction, and inadequate zoning

regulations has also contributed to the vulnerability of certain areas to flooding.

The department of housing and urban development should’ve had a backup plan to

tackle such disastrous situations since areas like Velachery, Pallikaranai, Adyar,

Ambattur and Mugappair are some areas which are built largely over water bodies.

Approximately only around 15% of Chennai’s water body is left.

 PRAYER

WHEREFORE, in light of the above facts and circumstances, and

owing to the urgency of the case of the Petitioner, the Petitioner most

respectfully prays that this Hon’ble Court be pleased to:

A. Raise questions on concerned authorities regarding flood

management, urban development and other stated issues

B. Pass an order for taking necessary action to make efficient

preventive measures.

C. Grant any other relief, which the Hon’ble Court deems fit in the

circumstances of the case in the interests of justice, equity and

good conscience.

Place: Chennai Counsel for Petitioner

Date: SHIVANI

Address for Service:

Poet apartment,

Raghav nagar,

Acharya Chennai

District,

Chennai- 500042
 IN THE HIGH COURT OF TAMILNADU
AT CHENNAI
WRIT PETETION (CIVIL) No. /2024

BETWEEN
Ms. Shivani
.................. PETITONER
AND
1. The State of TamilNadu
2. Water resource department of Tamil Nadu
3. Department of housing and urban development
........... RESPONDENTS

VERIFYING AFFIDAVIT

I, Ms. Shivani, aged about 21, Residing at: Poet apartment, Raghav nagar,

Acharya, Chennai District, Chennai- 500042 do hereby solemnly affirm and declare

as follows:

1. I state that I am the Petitioner in the accompanying petition. I know the

facts of the case; hence I am competent to swear to this affidavit

2. I state that all the contents of paragraphs 1 to 18 of the accompanying

petition are true to the best of my knowledge, information and belief.

3. I verify that all factual statements, assertions, and representations made in

the said document are based on true and accurate information available to

me.
 4. I am aware that making false statements and providing incorrect

information in this affidavit is an offense and may lead to legal

consequences.

5. I am executing this affidavit to verify the correctness of the

aforementioned document and to confirm its authenticity.

Advocate (Notary Public) ------------------------

Signature of the Deponent

The deponent is known

to me and identified by me.

Advocate

Solemnly declared and affirmed before me on This day of 2024