Mr.Seenipandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR REV.APLW(MD) No.72 of 2021 in W.P. (MD) No.15123 of 2019 (Through video conference) 1 THE PRINCIPAL SECRETARY STATE OF TAMIL NADU, REVENUE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI- 600 009 2 THE DISTRICT COLLECTOR O/O.THE DISTRICT COLLECTOR, THANJAVUR DISTRICT. 3 THE REVENUE DIVISIONAL OFFICER, O/O. THE REVENUE DIVISIONAL OFFICE, PATTUKKOTTAI, THANJAVUR DISTRICT.
4 THE ASSISTANT DIRECTOR VETERINARY MAINTENANCE DEPARTMENT, PATTUKKOTTAI TALUK, THANJAVUR DISTRICT. ... REVIEW APPLICANTS/ RESPONDENTS Vs
1. P.MANONMANIAM
2. YRS BROILERS COMPANY, 8/138ALAMPALAYAM VILLAGE, MUTHOOR, TIRUPPUR DISTRICT - 638105 (R2 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED 08/09/2021 IN REV A(W)(MD)NO.72/2021 BY RSKJ) ... RESPONDENT/PETITIONER To set aside the order passed by this Hon'ble Court in W.P.(MD).No.15123/2019 dated 06-08-2019 and allow the Review petition.
Prayer in WP(MD). 15123 of 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents to pay adequate compensation to the petitioner for the death of Poultry in Gaja Storm in Thanjavur
district as per the G.O.(Ms).No.380 dated 27.10.2015 passed by the 1st respondent within the time stipulated by this Honble Court. ORDER :This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.VEERA KATHIRAVAN, Additional Advocate General Assisted by MR.R.SURESH KUMAR, Government Advocate for the petitioner, the court made the following order:- This Review Application came at the SR stage along with condone delay petition in WMP(MD)No.23542 of 2019. This Court, while condoning the delay passed a detailed order on 24.08.2021 and has given the following directions.
5.In view of this stand now taken by the respondents, especially, the review petitioner herein, this Court wants a detailed report about, what enquiry the review petitioner conducted subsequent to the orders passed by thisCourt, dated 06.08.2019, and also the relevant records to that effect, on what basis that the Village Administrative Officer as well as the Veterinary Doctor had given certificates and report, and based on which, what are all the further follow up actions had been taken by the various Departments including the Revenue and Veterinary Department of the division concerned, shall also be filed, and in this regard the original record shall also be produced before this Court during the next hearing date.
2. Pursuant to the said order, this Review Petition have been listed today(08.09.2021).
The Additional Advocate General appearing for the Review Petitioner, by relying upon the report filed by the third petitioner herein that is the Revenue Divisional Officer/Sub Collector, Pattukottai Taluk, Thanjavur District, would contend that one YRS Broilers, Tiruppur claimed to have supplied the pullets of 3000 numbers to the Writ petitioner and before the Gaja cyclone, some of them have been taken back and not the 3000 pullets only less number of pullets might have been lost during the said Gaja cyclone and more over even for the said pullets lost, if at all, any compensation be given, it shall be given only to YRS Broilers Company and not to the Writ petitioner, based on this stand taken by the said Broilers Company, the Review Application has been filed by the petitioner herein.
On perusal of the same, this Court feels that the YRS Broilers Company is a necessary party and therefore, this Court suo motu implead that YRS Broilers Company, 8/138Alampalayam Village, Muthoor, Tiruppur District - 638105 as one of the party respondent in this Review Application.
3. The Registry is directed to carry out the amendment.
4.Notice to the Writ petitioner as well as the newly impleaded respondent that is YRS Broilers Company, 8/138Alampalayam Village, Muthoor, Tiruppur District - 638105 returnable in two weeks. Private notice is permitted.
5.Post the matter on 22.09.2021.
6.In view of the notice having been ordered in this Review Application, no precipitative action can be taken in Contempt Petition No.723 of 2021 and post the Contempt Petition along with this Review Application. In view of the above development, the personal appearance of the contemnor is dispensed with for the present.
Sd/- 08/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SECRETARY STATE OF TAMIL NADU, REVENUE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI- 600 009 2 THE DISTRICT COLLECTOR O/O.THE DISTRICT COLLECTOR, THANJAVUR DISTRICT. 3 THE REVENUE DIVISIONAL OFFICER, O/O. THE REVENUE DIVISIONAL OFFICE, PATTUKKOTTAI, THANJAVUR DISTRICT.
4 THE ASSISTANT DIRECTOR VETERINARY MAINTENANCE DEPARTMENT, PATTUKKOTTAI TALUK, THANJAVUR DISTRICT.
ORDER
IN REV.APLW(MD) No.72 of 2021 in W.P. (MD) No.15123 of 2019 Date :08/09/2021 VB/JC/SAR.I/21.09.2021/3P/5C