M.Muthusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.1463 of 2018 M.Muthusamy

...Petitioner

Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Joint Registrar, Co-operative Society, Office of the Joint Registrar, Ramanathapuram.

3.The Deputy Registrar, Co-operative Society, Paramakudi, Ramanathapuram District.

4.The President, Puduvakudi Primary Agricultural Co-operative Society, Kumudhakudi Post, Paramakudi, Ramanathapuram District.

5.The Agricultural Insurance Company of India Limited, Represented by its Grievance Redressal Officer, No.323, Andra Insurance Building, Thambuchetty Street, Parrys Corner, Chennai-600 001.

... Respondents (R5 is Suo Motu impleaded as per the order of this Court dated 14.02.2018 in W.P.(MD).No.1463 of 2018) Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to pay the insurance amount to the petitioner under the Pradhan Mantri Fasal Bima Yojana /PMFBY on the basis of the premium amount by him on the basis of his insurance premium receipts No.9325 and 9014 and also on the basis of his representation dated 17.11.2017 within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For Respondents : Mr.K.Saravanan for R1 to R3 Government Advocate : Mr.S.Nagarajan for R4 : No Appearance for R5

ORDER

Mr.K.Saravanan, learned Government Advocate, takes notice on behalf of the respondents 1, 2 and 3 and Mr.S.Nagarajan, learned counsel, takes notice on behalf of the fourth respondent. By consent of both parties, the main Writ Petition itself is taken up for final disposal.

3.Heard Mr.C.Jeganathan, learned counsel, appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents 1, 2 and 3 and Mr.S.Nagarajan, learned counsel, appearing for the fourth respondent.

4.The petitioner is a Farmer. He is having agricultural lands in Poduvakudi, Parthibanoor Phirka, Paramakudi Taluk. The petitioner has suffered crop loss. Therefore, he is entitled to be paid the insurance amount under Pradhan Mantri Fasal Bima Yojana / PMFBY Scheme. He had already remitted the premium amounts. He has given a representation dated 17.11.2017.

5.When the matter was taken up for disposal, the learned Government Advocate representing R1 to R3 submitted that amount is yet to be received from the fifth respondent and on that receipt of the said amount, the petitioner's Insurance claim will be settled. It is not in dispute that the petitioner is eligible to be paid the insurance amount.

6.In this view of the matter, a direction is given to the fifth respondent to disburse the amounts payable to the petitioner in question expeditiously and as and when the said sum is received from the fifth respondent, the first respondent is directed to disburse the amount payable to the petitioner. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

8.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Joint Registrar, Co-operative Society, Office of the Joint Registrar, Ramanathapuram.

3.The Deputy Registrar, Co-operative Society, Paramakudi, Ramanathapuram District.

+1CC to M/s.Veera Associates, Advocate, SR.No. 52359 +1CC to the Special Government Pleader SR.No.52931 W.P.(MD).No.1463 of 2018 01.03.2018 tsg AM/SKN RSK/SAR 2/08.03.2018/3P/6C