S.Pandian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.01.2019

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.34424 of 2018 S.Pandian .. Petitioner versus

1. The District Collector, Nagapattinam Collector Office, Nagapattinam, Nagapattinam District.

2. The Joint Director Agricultural, Office of the Joint Director Agricultural, Nagapattinam District, Nagapattinam.

3. The Senior Divisional Manager, New India Assurance Company Ltd., Nagapattinam, Nagapattinam District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to implement the proceeding of the second respondent made in Letter No.Uo2/5951/18 dated 04.08.2018 within stipulated time may be fixed by this Hon'ble Court.

For Petitioner : Mr.R.Murugabharathi For Respondents : Mr.S.Suresh Kumar Government Advocate for R1 & R2 Mr.J.Chandran, for R3

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the third respondent to implement the proceeding of the second respondent made in Letter No.Uo2/5951/18 dated 04.08.2018

3. Heard Mr.R.Murugabharathi, learned counsel appearing for the petitioner, Mr.S.Suresh Kumar, learned Government Advocate appearing for the respondents 1 and 2 and Mr. J.Chandran, learned counsel appearing for the third respondent.

4. According to the learned counsel for the petitioner, the Insurance Company has issued Agricultural Insurance amount of 25% and demanding the Insurance Company for releasing the remaining 75% of the amount, the petitioner sent a representation dated 30.07.2018 to the first respondent. The first respondent forwarded the petitioner's representation to the second respondent and it was further forwarded from the second respondent vide Letter No.Uo2/5951/18 dated 04.08.2018 for taking necessary action to the third respondent. The same is yet to be disposed of by the third respondent. Hence, the petitioner is before this Court.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the third respondent to consider the petitioner's representation in terms of the regulations and pass appropriate orders, on merits and in accordance with law, after issuing notice and also affording due opportunity of hearing to the petitioner, as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order and report compliance.

6. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jv

To

1. The District Collector, Nagapattinam Collector Office, Nagapattinam, Nagapattinam District.

2. The Joint Director Agricultural, Office of the Joint Director Agricultural, Nagapattinam District, Nagapattinam.

3. The Senior Divisional Manager, New India Assurance Company Ltd., Nagapattinam, Nagapattinam District.

+1cc to Mr.R.Murugabharathi, Advocate, S.R.No.8692 +1cc to Mr.J.Chandran, Advocate, S.R.No.9376 +1cc to the Government Pleader, S.R.No.9118 W.P.No.34424 of 2018 GP(Co) CS/06/03/2019