R.Indra, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.03.2018 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.4572 of 2018 R.Indra .. Petitioner -Vs1.The District Collector, Thanjavur District, Thanjavur.
2.The Deputy General Manager, Chennai Regional Office New India Assurance Co.Ltd., Spencer Towers, 3rd Floor, 770-A, Anna Salai Chennai - 600 002.
3.The Secretary T.A.60 Poovalur Primary Agricultural Co-operative Credit Society Ltd., Poovalur Pattukottai Taluka Thanjavur District.
.. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to make payment as 62.12% to the petitioner as crops loss for Wattathi Kottai Kollukkadu Village, Peravoorani Kurichi Firkha, Pattukottai Taluk, Thanjavur District as per the recommendation of the 1st respondent in letter No.Agri/2/2017 dated 11.10.2017 by considering the representation dated 22.09.2017 within the period as stipulated by this Court.
For petitioner : Mr.A.Haja Mohideen For Respondent 1 : Mrs.J.Padmavathi Devi Special Government Pleader For Respondent 2 : Mr.J.S.Murali Standing counsel for R2
O R D E R
This Writ petition has been filed to direct the 2nd respondent to make payment at 62.12% to the petitioner as crops loss for Wattathi Kottai Kollukkadu Village, Peravoorani Kurichi Firkha, Pattukottai Taluk, Thanjavur District as per the recommendation of the 1st respondent in letter No.Agri/2/2017 dated 11.10.2017 by considering the representation dated 22.09.2017. https://hcservices.ecourts.gov.in/hcservices/
2.Heard Mr.A.Haja Mohideen, the learned counsel appearing for the petitioner and Mrs.J.Padmavathi Devi, the learned Special Government Pleader appearing for the respondent No.1 and Mr.J.S.Murali, the learned standing counsel appearing for respondent No.2.
3.According to the petitioner, the petitioner is agriculturist and cultivated paddy crops in his land in the year 2016-2017, and due to drought the crops were failed. The 1st respondent also survey the crops, ascertain the loss, and recommended to Government of Tamilnadu to give compensation at 62.12% with regard to the petition mentioned area. Based on the recommendations given by the first respondent, second respondent Insurance company has to be paid the compensation at the rate of 62.12%, but, paid only at the rate of 19.51% to 90 farmers of Wattathi Kottai Kollukkadu Village, Peravoorani Kurichi Firkha, Pattukottai Taluk, whereas similarly placed other agriculturist nearby areas were paid 62.12% of compensation.
According to the petitioner, when he approached the first respondent he was informed that the 1st respondent has already sent a letter to the second respondent Insurance Company on 11.10.2017 to rectify the mistake and asked them to pay 62.12% of compensation. Even after receipt of the above communication, order has not been passed. Hence this writ petition has been filed.
4.Considering the facts that already the first respondent send recommendations to the second respondent Insurance company on 11.10.2017 and the same is pending with the second respondent, the second respondent is directed to consider the recommendation of the 1st respondent and the representation of the petitioner, and pass suitable orders within a period of four weeks. 5.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The District Collector, Thanjavur District, Thanjavur.
+1cc to Special Government Pleader, SR.No. 53340 +1cc to M/S.J.S.Murali, Advocate SR.No. 53082 +1cc to M/S.A.Haja Mohideen, Advocate SR.No. 52890 Writ Petition (MD)No.4572 of 2018 05.03.2018 tm JM/SV MMS/SAR 2/02.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/