K.R. Sridhar v. The Director Of Agriculture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.15606, 15607, 15608 & 15609 of 2018 and W.M.P.Nos.18522 of 2018 1.K.R.Sridhar 2.Santhi 3.Kalaichelvi 4.S.Nagarajan . . . Petitioners in W.P.No.15606 of 2018 1.A.Chelladurai 2.Sahayamary . . . Petitioners in W.P.No.15607 of 2018 Gurumurthy . . . Petitioner in W.P.No.15608 of 2018 Sundar Rajan . . . Petitioner in W.P.No.15609 of 2018 Vs.

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1. The Director of Agriculture Chepauk, Chennai-600 005.

2. The Joint Director of Agriculture Nagapattinam-611 003.

3. The Regional Manager The New India Assurance Co.Ltd 770, Anna Salai, Chenna-600 002.

4. The New India Assurance Company Ltd rep.by its Deputy General Manager Nagapattinam . . . Respondents in all WPs PRAYER IN ALL WPs : Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate Writ or order or direction in the nature of Writ, directing the Respondents 3 & 4 herein to consider the recommendation of the Respondents 1 & 2 dated 06.03.2018 and 16.03.2018 to pay 100% of the Claim respectively pertaining to the Petitioner's land or an extent of i) 16.23.0 in W.P.No.15606 of 2018, ii) 8.14.5 in W.P.No.15607 of 2018, iii) 4.05.5 in W.P.No.15608 of 2018, iv) 2.49.5 in W.P.No.15609 of 2018 hectares respectively comprised in various Survey Numbers situated in Uthama Cholapuram Revenue Village, Thirumangai Union, Nagapattinam Taluk and District.

In all WPs :

For petitioners : M/s.M.Balasubramanian For Respondents : Mr. S.Balamurugan, Government Advocate for R1 & R2 : Mr.J.Chandran for R3 & R4.

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C O M M O N O R D E R These Writ Petitions have been filed seeking a direction to respondents 3 & 4 to consider the recommendation made by the respondents 1 & 2 dated 06.03.2023 and 16.03.2018 for payment of compensation to the eligible petitioners.

2. It is the case of the petitioners' agricultural lands were affected by severe drought due to failure of seasonal monsoon, which incurred a huge loss to the petitioners. At that point of time, the petitioners made a representation to the 1st respondent claiming compensation towards the damages caused to their lands due to severe drought, pursuant to which, the 1st respondent sent a letter dated 12.12.2017 to the 3rd respondent stating that the petitioners' request for compensation may be considered and to take necessary action in this regard. Thereafter, the petitioners herein were informed by the 1st respondent vide letter dated 06.03.2018 that their request for compensation has been forwarded to the authority concerned and that the steps will be taken in this regard. Subsequently, the 2nd respondent 3/6

had made a recommendation to the 4th respondent to take steps with regard to the requests made by the petitioners vide letter dated 16.03.2018, pursuant to which, only 25% of the compensation has been paid to the petitioners and the balance 75% of the compensation amount is yet to be paid by the respondents 3 & 4. Hence, the present Writ Petition has been filed.

3. Though, very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to respondents 3 & 4 to pass appropriate orders on the recommendations made by respondents 1 & 2, within the time that may be stipulated by this Court.

4. On the above contention, this Court heard the learned Government Advocate appearing for Respondents 1 & 2 and learned counsel appearing for respondents 3 & 4.

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5. In view of the limited request sought for in this Writ Petition, this Court, without expressing any opinion on the merits of the case, directs the respondents 3 & 4 to consider the recommendations dated 06.03.2018 & 16.03.2018 made by the respondents 1 & 2 and pass appropriate orders on the same on merits and in accordance with law, after affording an opportunity of personal hearing to the aggrieved parties if any, within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, these Writ Petitions are disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed. 07.03.2023 NHS Index : Yes / No Internet : Yes / No 5/6

M.DHANDAPANI, J.

NHS To

1. The Director of Agriculture Chepauk, Chennai-600 005.

2. The Joint Director of Agriculture Nagapattinam-611 003.

3. The Regional Manager The New India Assurance Co.Ltd 770, Anna Salai, Chenna-600 002.

4. The New India Assurance Company Ltd rep.by its Deputy General Manager Nagapattinam W.P.Nos.15606, 15607, 15608 & 15609 of 2018 07.03.2023 6/6