Ponnusamy v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.27159 of 2014 Ponnusamy ... Petitioner Vs 1.The Secretary, Karuvalur - Uppilipalayam, Primary Agricultural Co-operative Society, K.Uppilipalayam Post, Karuvallur, Avinashi Taluk, Tirupur District.

2.The Village Administrative Officer, Ramanathapuram Village, Avinashi Taluk, Tirupur District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to release the payment of Rs.72,104/- drought relief fund by conducting enquiry if needed based on the representation dated 30.06.2014 and consequently, direct the second respondent to furnish the land revenue records before the first respondent for perusal if it is necessary. For Petitioner : Mr.K.Vignesh Karthick For Respondents R1 : Mr.R.Bala Ramesh R2 & R3 : Mr.C.Sathish Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to release the payment of Rs.72,104/- drought relief fund by conducting enquiry based on the representation dated 30.06.2014.

2.The learned counsel appearing on behalf of the petitioner states that the drought relief was already sanctioned in favour of the petitioner but yet to be paid. 3.Per Contra, the learned counsel appearing on behalf of the first respondent objected the contention by referring to the letter dated 30.07.2014 that the petitioner has not submitted all relevant documents to establish his ownership in respect of the subject property and only on submission of all relevant documents, the case of the writ petition is to be considered. 4.This Court cannot conduct an adjudication in respect of the documents relied on by the petitioner. It is for the competent authority to consider the documents, if already produced by the petitioner, for the purpose of disbursement of the drought relief amount.

Thus, the petitioner is at liberty to submit all relevant documents once again before the competent authorities enabling them to consider the case of the petitioner with reference to the terms and conditions of the drought relief scheme and in the event of ascertaining the eligibility, the case of the petitioner is to be considered on merits and in accordance with law.

5.With these directions, the writ petition stands disposed of. However, there is no order as to costs. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar cse To 1.The Secretary, Karuvalur - Uppilipalayam, Primary Agricultural Co-operative Society, K.Uppilipalayam Post, Karuvallur, Avinashi Taluk, Tirupur District. 2.The Village Administrative Officer, Ramanathapuram Village, Avinashi Taluk, Tirupur District.

+1cc to Mr.R.Balaramesh, Advocate SR.No.64957 +1cc to the Government Pleader, SR.No.63818 W.P.No.27159 of 2014 KG(CO) CB(17/12/2021)