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Madras High CourtWP/12594/2024disposed of with direction

Pogalur Vivasaya Development Society v. State Of Tamilnadu

2025-11-11Honourable Mr Justice M.Dhandapani10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Pogalur Vivasaya Development Society, Represented by its President, Palanisamy, S/o.Murugasamy, Pogalur, Annur - 641 697.

... Petitioner Vs.

1.State of Tamil Nadu, Rep by its Secretary, Department of Agriculture and farmers welfare, Secretariat, Chennai - 9.

2.The District Collector, Collectorate, Coimbatore.

3.The Executive Engineer, Agricultural Engineering Department, GCT Thadagam Road, Coimbatore - 641 013.

4.The Co-ordinator, Tamilnadu Mission on sustainable Dry land

Development Phase-1, Agricultural Engineering Department, GCT Thadagam Road, Coimbatore.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for rd respondent in Letter No.A/2152/2020(2) dated the records from the 3 28.04.2021 and to quash the same and to direct the respondents to grant agricultural equipments to his society under Tamilnadu Mission on sustainable Day land Development Phase-1 within time as stipulated by this Hon'ble High Court.

For Petitioner :

Mr.M.Saravanakumar For Respondents :

Mrs.S.Anitha, Special Government Pleader

O R D E R

This Writ Petition has been filed to call for the records from the third respondent in Letter No.A/2152/2020(2) dated 28.04.2021 and to quash the same and to direct the respondents to grant agricultural equipments to his society under Tamilnadu Mission on sustainable Day land Development Phase-1 within a time limit as stipulated by this Court.

2. The case of the petitioner is that the petitioner is the president of Pogalur Vivasaya Development Society, which is registered under societies registration act and doing welfare activities for the welfare of farmers in and around Pogalur in Coimbatore District. While so, the petitioner required agricultural equipments from the Government to provide the same on rent through the society and that he came to know about the Tamilnadu Mission on Sustainable Dry land Development plan for Farmers proposed by the State Government and therefore, approached the fourth respondent for want of agricultural equipments for the farmers under the said scheme through letter dated 14.11.2020.

In subsequent to the same, New Holland Company approached the petitioner association and provided quotations for Tractor, Rotavator and Cultivator for the value of Rs.11,27,970/-. Thereafter, the petitioner provided a part of the amount of Rs.3,50,000/- to the Branch Manager namely Varadarajan of the said Company and assured them that the remaining sum of Rs.7,77,920/- need to be received by grant from the Government.

3.However, in order to process the grant, the said Varadarajan demanded a bribe amount of Rs.80,000/- from the petitioner's society. In view thereof, the petitioner made a complaint before the 2nd respondent on 27.02.2021 to take action against the said Varadarajan. However, no action was taken. Hence, the petitioner approached the fourth respondent through his letter dated 21.04.2021 to take action against the said Varadrajan. While things stood thus, the third respondent rejected the petitioner's plea and passed the impugned order dated 28.04.2021, refusing to sanction sales order to the petitioner's society only due to the New Holland Company's Official demanding bribe from the petitioner's society to process the grant from the Government to discharge the cost of equipments. Challenging the third respondent's order dated 28.04.2021, the present writ petition has been filed with the above said prayer.

4.The learned counsel for the petitioner would submit that no action was taken against the official of the New Holland Company and instead, the third respondent has passed the impugned order rejecting the petitioner the benefit under the scheme introduced by the State Government ie., Tamilnadu

Mssion on Sustainable Dry land Development plan for Farmers. Hence, he prayed that the impugned order be set aside and a direction be issued to the respondents to grant agricultural equipments to his society under the said scheme.

5.Per contra, the learned Special Government Pleader appearing for the respondents would submit that the petitioner has been requesting for subsidy under the Dry land development scheme, TNMSDD Phase I - Programme, however, the old scheme has now been superseded by the new scheme of SMAM. Further, she would also submit that the under the current financial year 2024-25, for the establishment of Village Level Custom Hiring Center (CHC), no fund has been allocated. She further submits that if any fund is allocated under the new scheme of SMAM, the petitioner will be informed to apply in fresh and the same will be considered on priority. 6.Heard both sides and perused the materials available on record.

7.From the perusal of the records, it seen that the amount initially paid by the petitioner to the New Holland Company has been returned to the petitioner. Further, it is also seen that the old scheme viz., Dry land Development Scheme, TNMSDD Phase I - Programme has been superseded by an another scheme viz SMAM. Further, it is also seen that under the current financial year 2024-25, for the establishment of Village Level Custom Hiring Center (CHC), no fund has been allocated. However, once finds are allocated for Village level CHC under the new scheme, the respondents are directed to informed the petitioner about the same to enable him to apply afresh under the new scheme.

8.Recording the same, the present writ petition is disposed of. No costs.

11.11.2025 Tsg NCC: Yes / No Index : Yes / No Speaking Order : Yes / No

To 1.State of Tamil Nadu, Rep by its Secretary, Department of Agriculture and farmers welfare, Secretariat, Chennai - 9.

2.The District Collector, Collectorate, Coimbatore.

3.The Executive Engineer, Agricultural Engineering Department, GCT Thadagam Road, Coimbatore - 641 013.

4.The Co-ordinator, Tamilnadu Mission on sustainable Dry land Development Phase-1, Agricultural Engineering Department, GCT Thadagam Road, Coimbatore.

M.DHANDAPANI, J.

Tsg 11.11.2025

M.DHANDAPANI. J., This writ petition has been listed under the caption "for being mentioned" at the instance of the Registry on the ground that an inadvertent error has crept into the cause title in W.P.No.12594 of 2024 at page No.2, both in the prayer portion (6th line from above) and in the first paragraph of the order (6th line from above), wherein, the word 'Dry' has been incorrectly typed as 'Day'.

2. In view of the above, the Registry is directed to carry out the necessary correction in the order dated 11.11.2025 replacing the word 'Day' with 'Dry' in Page No. 2, in the prayer portion and in the first paragraph of the order and issue a fresh copy of the order to the learned counsel for the parties. In other respects, the earlier order dated 11.11.2025 shall remain unaltered.

02.03.2026 Tsg

M.DHANDAPANI. J., Tsg 02.03.2026