M.Arunachalam, v. Manonmaniam Sundaranar University,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Rev.Aplc(MD)No.7 of 2022 Agriculture Insurance Company of India, Chennai Regional Office, Andhra Insurance Building 1st Street, 323, Thambu Chetty Street, Parry's Corner Chennai-600 001.
..Petitioner/5th Respondent Vs.
1.N.Subramaniyan ...1st Respondent/Writ Petitioner 2.The District Collector, Ramanathanpuram District, Ramanathapuram.
3.The Joint Director, District Agriculture Office, 4.The Managing Director, Ramanathapuram District Central Co-operative Bank,Head Office, Ramanathapuram.
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5.The Secretary, N.N.5789, Thottamangalam Credit Society Thiruvadanai Taluk, ... Respondents 2to5/Respondents 1 to 4 PRAYER: Review Application filed under Order 47 Rule 1 & r/w. Section 114 of C.P.C., to review the order dated 26.07.2021 passed by this Court in W.P(MD)No.10592 of 2021.
For Petitioner : Mr.D.Srinivasaragavan For R1 : Mr.P.Muthusamy For R2 & R5 : Mr.R.Ragavendran Additional Government Pleader For R4 : No appearance
O R D E R
This review petition has been filed by the fifth respondent in the writ petition on the ground that the order was passed in the writ petition without hearing the fifth respondent.
2.When the matter was taken up for hearing on 27.10.2022, this Court passed the following order:
"Mr.P.Muthusamy, learned counsel takes notice for the first respondent/Writ Petitioner and Mr.Ragavan, learned Additional Government Pleader takes notice for R2 & Rs.
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2.The order was passed in the writ petition without hearing the fifth respondent. This review petition has been filed on the ground that apart from the writ petitioner, several claims were rejected by the District Level Committee. That apart, the claim of the writ petitioner was rejected on the ground that no records were available and the writ petitioner had claimed for excess insurance. 3.The papers in the review petition has been served on the learned counsel for the writ petitioner. The learned counsel seeks fro some time.
4.Post these petitions for hearing on 09.11.2022." 3.This Court directed the learned counsel for the petitioner to take instructions and inform this Court as to whether the Committee has already given its recommendation to the Insurance Company. The learned counsel for the writ petitioner, on instructions, submitted that the District Level Grievance Redressal Committee, headed by the District Collector is yet to place the recommendation before the review petitioner and in view of the same, the compensation has not been paid to the petitioner. 4.It is clear from the above that the review petitioner cannot comply with the direction issued by this Court till they receive the recommendation from the District Level Grievance Redressal Committee. Hence, the direction issued by 3/5
this Court in the writ petition became unworkable. In view of the above, this Court is inclined to review the order passed on 26.07.2021 and accordingly, this review petition is allowed and the writ petition is restored. 11.11.2022 Index :Yes/No Internet :Yes/No Ns To 1.The District Collector, Ramanathanpuram District, Ramanathapuram.
2.The Joint Director, District Agriculture Office, 3.The Managing Director, Ramanathapuram District Central Co-operative Bank,Head Office, Ramanathapuram.
4.The Secretary, N.N.5789, Thottamangalam Credit Society Thiruvadanai Taluk, 4/5
N.ANAND VENKATESH,J.
Ns Rev.Aplc(MD)No.7 of 2022 11.11.2022 5/5