Malaisamy.A v. Union Of India Represented By The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.2196 of 2024 Malaisamy.A ... Petitioner /Vs./ 1.Union of India Rep. by the Secretary, Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi.

2.The State of Tamil Nadu Rep., by its Principal Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.

3.The District Collector - Cum - District Magistrate, Madurai District, Collectorate, Madurai - 625 020.

4.The Joint Director of Agriculture, O/o.The Joint Director of Agriculture, Thallakulam, Madurai - 625 002.

5.The Chief Grievance Officer and Head-Customer Experience Management, 1st Floor, HDFC House, 1/5

165/166, Backbay Reclamation, H.T.Parekh Marg, Churchgate, Mumbai - 400 020.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the claim application submitted by the petitioner and to grant crop insurance claim amount of Rs.6,68,400/- (Six Lakhs and Sixty Eight Thousand and Four Hundred Only) for the petitioners agricultural land that have been insured by the petitioner with the 5th respondent under Pradhan Mantri Fasal Bima Yojana (PMFBY) scheme in Insurance Policy Receipt Nos. 0402332200600510215,0402332200600511681,0402332200600516025, 0402332200600520539 and 0402332200600522117 with appropriate interest within a stipulated time may be fixed by this Court. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.M.Karthikeya Ventachalapathy for R1 : Mr.R.Narayanan for R5 : Mr.M.Senthil Ayyanar Government Advocate for R2 to 4

ORDER

This writ petition has been filed for a direction directing the respondents to consider the claim application submitted by the petitioner for the grant of crop insurance to the tune of Rs.6,68,400/- (Six Lakhs and Sixty Eight Thousand and Four Hundred Only) for the petitioner's agricultural land.

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2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. On receipt of the said claim petition, the Joint Director of Agriculture, Melakanmai Street, Tallakulam, Madurai informed the petitioner that the claim petition submitted by the petitioner was already rejected by the Insurance Company, namely HDFC Ergo GIC Pvt. Ltd., on the ground that the claim of the petitioner was exceeds from the 5 years of average harvesting.

4. Recording the said submission, this writ petition is closed. However, the petitioner is at liberty to challenge the rejection of the claim made by the petitioner in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 05.11.2024 Index : Yes / No Internet : Yes/No NCC : Yes / No am 3/5

TO:-

1. The Secretary, Department of Agriculture, Union of India, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi.

2. The Principal Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai - 600 009.

3. The District Collector - Cum - District Magistrate, Madurai District, Collectorate, Madurai - 625 020.

4. The Joint Director of Agricu Lture, O/o.The Joint Director of Agriculture, Thallakulam, Madurai - 625 002.

5. The Chief Grievance Officer And, Head-Customer Experience Management, 1st Floor, Hdfc House, 165/166, Backbay Reclamation, H.T.Parekh Marg, Churchgate, Mumbai - 400 020.

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G.K.ILANTHIRAIYAN , J.

am Order made in 05.11.2024 5/5