Ravi. R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 04.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2332 of 2023 R.Ravi

...Petitioner

/Vs./ 1.The District Collector, Madurai District, Madurai.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to settle the petitioner the total costs of the paddy of Rs.2,45,028/- along with 12% per annum from the date of purchase ie., from 15.11.2022 till date of payment and pass orders within a time limit that may be fixed by this Court. For Petitioner : Mr.A.Thirumurthy For Respondents : Ms.K.Christy Thebaral (R1) Additional Government Pleader Ms.S.Devasena (R2) 1/6

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondents to settle the petitioner the total costs of Rs.2,45,028/- for the paddy along with 12% per annum from the date of purchase ie., from 15.11.2022 till date of payment.

2. The case of the petitioner is that he has been cultivating paddy at Nachikulam Village, Vadipatti Taluk, Madurai District. During 2021-2022, the second respondent issued purchase bill for a sum of Rs.1,04,648/- for purchasing A grade paddy weighing 5082 kg and for a sum of Rs.1,30,580/- for purchasing C grade paddy weighing 6400 kg. The government announced incentive for all the farmers. The petitioner is also eligible for the incentive amount of Rs.2,42,028/-.

3. According to the petitioner, the purchase is made during November, 2022 and the respondents have settled the entire amount to all the farmers except the petitioner. The petitioner is a small farmer and since the respondents have not settled the amount, he is unable to pay the loan, which has been 2/6

obtained from the Cooperative society and Canara bank for cultivating the paddy. Now, the petitioner was forced to avail another loan. The petitioner has sent a representation to the first respondent with all the relevant receipts. The first respondent sent a reply directing the second respondent to settle the issue at the earliest. Inspite of the specific direction, the second respondent has not come forward to settle the amount. Hence, the petitioner filed this writ petition with the aforesaid prayer.

4. Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.

5. It is seen from the averments made that the petitioner is deprived of his eligible amount by the respondents. Considering the facts and circumstances of the case, there shall be a direction to the respondents to settle the amount of Rs.1,09,728/- and Rs.1,35,300/- totalling to Rs.2,45,028/-, on or before 31.03.2021, along with interest at 6% for belated payment, from the date of purchase bill, ie., from 15.11.2022, till the actual payment. If the respondents have not paid the amount within the stipulated time, penalty would be imposed to the respondents.

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6. With the above directions, this writ petition is disposed of. No costs. 04.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The District Collector, Madurai District, Madurai.

2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, Madurai.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.2332 of 2023 Dated:

04.01.2024 6/6