K.Ramalingam, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9316 of 2018

1. K.Ramalingam

2. R.Dhanalakshmi

3. S.Sivalingam

4. S.Revathi

5. G.Vaithiyanathan

6. T.Sivakozhunthu

7. G.Kannappan ..

Petitioners -vs1. The District Collector O/o Collectorate Thiruvarur District

2. The General Manager Agri National Insurance Company Thambu Chetty Street Chennai 600 001

3. The Joint Director O/o Joint Director (Co-operative Societies) Thiruvarur, Thiruvarur District

4. The Divisional Manager Kumbakonam Central Co-operative Bank Ltd., No.21, S.R.Big Street Kumbakonam 612 001

5. The Secretary ZA 16, Adambar Primary Agricultural Co-operative Credit Society Ltd., Adambar, Nannilam Taluk Thiruvarur District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, to direct the respondent to pay the differential compensation on par with the compensation distributed to the loanee farmers by the respondents under National Agricultural Insurance Scheme 20162017 to the petitioners within the time frame fixed by this Hon'ble Court.

For Petitioners ::

Mr.R.Baskar For Respondents ::

Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 Mr.L.P.Shanmugasundaram Special Government Pleader for R3 & 4 Ms.T.Girija Government Advocate for R5

ORDER

This writ petition has been filed seeking a mandamus to the respondents to pay the differential compensation, on par with the compensation distributed to the loanee farmers by the respondents under National Agricultural Insurance Scheme 20162017, to the petitioners within the time frame fixed by this Hon'ble Court.

2. Learned counsel for the petitioners submitted that the petitioners are agriculturists and they are cultivating various crops like paddy, sugarcane, plantain etc. Since an Agricultural Insurance Scheme was floated by the Government of India for the year 2016-17, the petitioners joined the fifth respondent cooperative society by paying premium through proper channel. Subsequently, they have cultivated paddy. But the same were lost due to heavy drought in the district of Thiruvarur. When the compensation was granted to the agriculturists by the Government, the petitioners also expected the distribution of compensation for the drought affected areas including the petitioners' village.

On enquiry, the petitioners also came to know that the fourth respondent has reported through the daily newspaper that the farmers of Thiruvarur district were distributed compensation at 100% under the scheme on 2.10.2017. Based on the said information, the petitioners approached the respondents for payment of compensation under the scheme and they have also made a representation on 26.11.2017. Though it was received, till date, no reply has been given. Therefore, a direction be issued, he pleaded.

3. This Court is unable to find any merit in this writ petition. The reason is that when the petitioners claim that they have suffered huge loss for the crop of paddy, they have not produced any document issued by the revenue authority as to

how the petitioners cultivated paddy during the relevant period and whether they have suffered any loss to the paddy crop. Therefore, this Court is not inclined to entertain the writ petition. Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The District Collector O/o Collectorate Thiruvarur District

2. The General Manager Agri National Insurance Company Thambu Chetty Street Chennai 600 001

3. The Joint Director O/o Joint Director (Co-operative Societies) Thiruvarur, Thiruvarur District +1cc to Mr.R.Baskar, Advocate Sr.No.29081 +1cc to Government Pleader Sr.No.28840, 30676 SSI(CO) sm:10.5.2018 W.P.No.9316 of 2018