R.Soundar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1169 of 2022 and W.M.P.No.1236 of 2022 R.Soundar ... Petitioner Vs.

1.The District Collector, Tirupattur District Collectorate, Tirupattur.

2.The Assistant Director, O/o.Animal Husbandry Department, Tirupattur.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to pay compensation to the petitioner under the social welfare scheme for the death of cattle feeds (2 cow, 1 male calf and 1 heifer) to enable petitioner's family to have a well future. For Petitioner : Mr.D.Bharathy For Respondents: Ms.C.Sangamithirai Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1st respondent to pay compensation to the petitioner under the social welfare scheme for the death of cattle feeds (2 cow, 1 male calf and 1 heifer) to enable petitioner's family to have a well future.

2. The case of the petitioner is that the petitioner is doing agricultural coolie work and eking out his livelihood by selling milk of his cattle in the agency. While so, suddenly his cattle were died on 20.11.2021 and in view of the sudden death of his cattle feeds, immediately the above incident was informed to the 2nd respondent and based on his order, the Veterinary Assistant Surgeon inspected the body and gave the report on 06.12.2021. Since all the four cattle feeds died at the same https://hcservices.ecourts.gov.in/hcservices/

time, the petitioner requested the respondents for proper post mortem and for clinical analysis. Inspite of his request, the Assistant Surgeon refused the same and gave the post mortem report in an hasty manner. In this regard, the petitioner had made representations to the 1st respondent, the Hon'ble Chief Minister Cell and to the Animal Husbandry Department and to the 2nd respondent, however so far there is no response in respect of his representations. Therefore, the petitioner is constrained to approach this Court by filing this Writ Petition.

3. When the matter is taken up for hearing, this Court has put a specific query to the learned counsel for the petitioner as to the provision under which, the petitioner's claim for compensation can be given. Though the said query has been posed, it has not been answered positively and therefore this Court unable to understand on what provision, the petitioner made representation to the respondent for entitlement of compensation due to the death of the cattle feeds.

4. In view of the above, in the absence of any provision for entitlement of compensation, no relief can be given as sought for by the petitioner in the present petition.

5. For the reasons aforesaid, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Sk To 1.The District Collector, Tirupattur District Collectorate, Tirupattur.

2.The Assistant Director, O/o.Animal Husbandry Department, Tirupattur.

+1cc to Mr.D.Bharathy, Advocate SR.No.5891 +1cc to the Government Pleader SR.No.6498 W.P.No.1169 of 2022 GPL(CO) GN(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/