Ramasamy .A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN A.Ramasamy ... Petitioner vs.

1.The District Collector, Ramanathapuram District.

2.N.N.584, Bagavathimangalam Primary Agricultural Co-operative Bank Limited, Puthanendhal, AR Mangalam Post, Thiruvadanai Taluk, Ramanathapuram District.

3.The Branch Manager, Ramnad Co-operative Bank, Ramanathapuram.

4.The Joint Director of Agriculture, Ramanathapuram District.

5.The Regional Manager, Indian Agricultural Insurance Corporation, Andhra Building, Thambu Chetty Street, Paris Corner, Chennai.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents herein to disburse a sum of Rs.1,02,099/- the balance amount under insurance coverage due to the petitioner under the Prime Minister Agricultural Insurance Scheme (PMFBY) to the agriculturists insured in Bahavathimangalam Revenue Village, R.S.Mangalam Taluk, Ramanathapuram District within the time as may be fixed by this Court, in the light of the petitioner's representation by means of notice dated 11.11.2022.

For Petitioner : Mr.R.Sundar Srinivasan For R1, R4 & R5 : Mrs.K.Christy Theboral Additional Government Pleader For R3 : Mr.D.Shanmugaraja Sethupathi Standing counsel

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to disburse a sum of Rs.1,02,099/- the balance amount under insurance coverage due to the petitioner under the Prime Minister Agricultural Insurance Scheme (PMFBY) to the agriculturists insured in Bahavathimangalam Revenue Village, R.S.Mangalam Taluk, Ramanathapuram District, in the light of the petitioner's representation by means of notice dated 11.11.2022. 2/6

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

3. The case of the petitioner is that he is the member of Bagavathimangalam Primary Agricultural Co-operative Bank Limited and he insured the crops for the period 2018-19. For the loss of crops, a sum of Rs.22,600/- per acre was given as insurance coverage to the members of Bagavathimangalam group agriculturists. Based on the same, a sum of Rs.1,35,600/- has to be paid to the petitioner. But a sum of Rs. 33,501/- alone was credited to his account. Hence, he caused issuance of notice to the respondents to take immediate action to pay the amount. But there was no response from the respondents. Therefore, he filed a writ petition in W.P.(MD).No.17776 of 2023. This Court, by order dated 24.07.2023, directed the petitioner to submit a fresh representation and the fifth respondent is directed to consider the same within a period of eight weeks. But, in the details of the policy, the name of the village has been mentioned as Thottamangalam, whereas it should have been mentioned as Bagavathimangalam. The second respondent has mentioned the village name as Thottamangalam instead of 3/6

Bagavathimangalam. The said inadvertent mistake on the part of the second respondent cannot be the reason for denial of his legitimate claim for entire insurance coverage. Hence, the petitioner has filed the present writ petition.

4. Heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents 1, 4 and 5 and the learned Standing counsel appearing for the third respondent.

5. Considering the above said facts, this Court directs the second respondent to rectify the mistake in the details of the policy and re-send the documents to the fifth respondent to enable him to proceed further for disbursing the crop insurance amount to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

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To 1.The District Collector, Ramanathapuram District.

2.N.N.584, Bagavathimangalam Primary Agricultural Co-operative Bank Limited, Puthanendhal, AR Mangalam Post, Thiruvadanai Taluk, Ramanathapuram District.

3.The Branch Manager, Ramnad Co-operative Bank, Ramanathapuram.

4.The Joint Director of Agriculture, Ramanathapuram District.

5.The Regional Manager, Indian Agricultural Insurance Corporation, Andhra Building, Thambu Chetty Street, Paris Corner, Chennai.

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V.BHAVANI SUBBAROYAN ,J.

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