M.Ibrahim, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.2536 and 2553 of 2018 1.M.Ibrahim 2.I.Fathima Bivi ... Petitioners in W.P.(MD)No.2536 of 2018 1.D.Parimelalagan 2.P.Senthamil Selvi 3.Jayaraman 4.J.Jeyanthi ... Petitioners in W.P.(MD)No.2553 of 2018 -Vs1. The District Collector, Thanjavur District, Thanjavur.
2. The Deputy General Manager, Chennai Regional Office, New India Assurance Company Limited, Spencer Towers, 3rd Floor, 770-A, Anna Salai, Chennai-600 002.
3. The Joint Director for Agriculture, Nemam Primary Agricultural Nemam, Budalur Taluka, ... Respondents in W.P(MD)No.2536 of 2018
1. The District Collector, Thanjavur District, Thanjavur.
2.The Deputy General Manager, Chennai Regional Office, New India Assurance Company Limited, Spencer Towers, 3rd Floor, 770-A, Anna Salai, Chennai-600 002.
3. The Joint Director for Agriculture, T-1719 Onbatthuveli Primary Agricultural Michaelpatti Post, Budalur Taluka, ... Respondents in W.P(MD)No.2553 of 2018 PRAYER in W.P.(MD)No.2536 of 2018: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant the compensation for the failure of the petitioners' crops in Agarapettai Village, Bhudalur Taluka of Thanjavur District, by way of crops insurance for the year cultivating year 2016-2017 by considering petitioners' representation dated 29.01.2018, within a period as stipulated by this Court.
PRAYER in W.P.(MD)No.2553 of 2018: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant the compensation for the failure of the petitioners' crops in Thirukkattupalli Village and Onbatthuvelli Village, Bhudalur Taluka of Thanjavur District, by way of crops insurance for the year cultivating year 2016-2017 by considering petitioners' representation dated 29.01.2018, within a period as stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For R1, R3 and R4 : Mr.M.Rajarajan, Government Advocate.
For R2 : Mr.J.S.Murali, Standing Counsel.
(In both Writ Petitions) COMMON ORDER Since the issues involved in these writ petitions are one and the same, these writ petitions are taken up together and disposed of by a common order.
2.According to the petitioners, they are all agriculturists, and they cultivated paddy in the Samba Seasons in the year 2016-2017, and their crops was also insured with the fourth respondent, and all the crops were damaged due to drought. In such circumstances, the agricultural authority sent recommendation to the Government for paying 78% compensation for the crop loss. In the above circumstances, they made representations to the District Collector on 29.01.2018. But, so
far no order has been passed on the representations of the petitioners, hence, the present writ petitions are filed. 3.Considering the submission made by the learned counsel appearing for the petitioners that similarly placed villagers are given compensation at the rate of 78 %, the first respondent / District Collector is directed to consider the petitioners' representations, and pass suitable orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
4.With the above direction, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Thanjavur District, Thanjavur.
2. The Joint Director for Agriculture,
3. The Secretary, Nemam Primary Agricultural Nemam, Budalur Taluka, T-1719 Onbatthuveli Primary Agricultural Michaelpatti Post, Budalur Taluka, + 2 ccs TO Mr.A.Haja Mohideen , Advocate in SR No. 55470,55471 + 2 ccs TO Mr.J.S.Murali , Advocate in SR No. 55342,56324 + 1 cc TO The Special Government Pleader in SR No. 56022 Myr AE/KKR/SAR1/27.03.2018/3P/10C W.P.(MD)Nos.2536 and 2553 of 2018 14.03.2018