D.Tamilarasi, v. The District Collector,

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.03.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.11906 of 2016 D.Tamilarasi ... Petitioner vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Assistant Agricultural Officer, O/o.Assistant Agricultural Office, Bhuvanagiri Panchayat Union Campus, Bhuvanagiri, Cuddalore District.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the first respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 4.3.2016 within a stipulated time as this Court fixes. For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.M.Dig Vijaya Pandian, Addl. Govt. Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the first respondent to consider and pass orders on merits by disposing the written representation made by her on 4.3.2016 within a stipulated time fixed by this Court.

3. It is the case of the petitioner that since her husband expired in the year 2005, to lead her life, she took lease of the land situated in S.No.409/3, 407/1, 408/3, 408/4 and 413/5, Nathamedu Village, Bhuvanagiri Taluk, Cuddalore District, measuring to an extent of 1.69.5 hectares. During the year 2015, there was heavy rain, due to which, the entire paddy filed was washed away. The Government Officials inspected her land and assessed the value of the damages and made recommendation to the respondents for sanctioning flood relief to the tune of Rs.13,400/- per hectare. Accordingly, the Government has also sanctioned fund to the tune of Rs.22,545/- and the same was forwarded to the C.Sathapadi Primary Agricultural Cooperative Credit Society for disbursement.

However, due to the intervention of the political high handed persons, the respondents are not inclined to disburse the said amount to her. Hence, she made several representations and legal notice to the respondents to disburse the said amount. But, there was no response. Finally, she gave a representation dated 4.3.2016 to the first respondent to disburse the flood relief to her. But, the same was also not considered. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, who has taken notice on behalf of the respondents.

5. Considering the facts and circumstances of the case, and considering the submissions made on either side, this Court directs the first respondent to consider the representation of the petitioner dated 4.3.2016 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the claim made by the petitioner and it is for the first respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi

To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Assistant Agricultural Officer, O/o.Assistant Agricultural Office, Bhuvanagiri Panchayat Union Campus, Bhuvanagiri, Cuddalore District.

+1 cc to M/s.C.Prakasam Advocate sr.20671, 20477 +1 cc to the Government Pleader sr.20547 W.P.No.11906 of 2016 aa12/04/2016