Madras High CourtWP(MD)/3880/2022disposed of

Sumathi.B v. The District Collector

2022-03-03Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.B.Sumathi 2.Rakkayee 3.Lakshmanan .. Petitioners Vs 1.The District Collector, O/o. the District Collectorate, Virudhunagar District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Aruppukottai.

3.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent No.1 to conduct the enquiry and direct the respondent No.2 to register the petitioners' agricultural lands in crop insurance scheme in respect of their agricultural lands within the time frame fixed by this Court.

For Petitioners : Mr.Mahaboob Fazil for Mr.T.Lajapathi Roy For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent No.1, to conduct the enquiry and direct the respondent No.2 to register the petitioners' agricultural lands in crop insurance scheme in respect of their agricultural lands within a time frame fixed by this Court.

2.It is the case of the petitioners that they belong to the joint family having separate agricultural lands and they have been regularly paying the crop insurance premium under the "Pradhan Mantri Fasal Mima Yojana" Crop insurance scheme. According to the petitioners, from the year 2020-2021 onwards they have not been able to register their crops under the aforementioned insurance scheme, since the Village Administrative Officer has not provided the adangal to the petitioner's family members out of personal vengeance. Hence, according to the petitioners, they were unable to register their agricultural lands under "Pradhan Mantri Fasal Mima 1/3

Yojana" Crop insurance scheme. The petitioners have sent a representation on 20.11.2021 to the respondents 1 and 2 requesting them to conduct enquiry and permit the petitioners to register their crops under the "Pradhan Mantri Fasal Mima Yojana" Crop insurance scheme. Since the representation has not been considered till date, they have filed this writ petition.

3.Heard Mr.Mahaboob Fazil, learned counsel appearing for the petitioners and Mr.M.Lingadurai, learned Special Government Pleader, appearing for the respondents.

4.On instructions, the learned Special Government Pleader, would submit that the petitioners have not produced the relevant revenue records to enable the respondents to consider the representation. The learned counsel for the petitioners, on instructions, would submit that the petitioners are willing to produce all the revenue records to satisfy the respondents as and when the respondents consider the petitioners' representation, dated 20.11.2021.

5.After recording the submissions made by the respective counsels, this Court is of the considered view that no prejudice will be caused to the respondents, if the petitioners' representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioners as well as any other necessary parties, within a time frame to be fixed by this Court.

6.Accordingly, this Court directs the second respondent to consider the petitioners' representation, dated 20.11.2021, seeking for registration of their agricultural lands under the "Pradhan Mantri Fasal Mima Yojana" Crop insurance scheme, in order to enable them to get insurance amount under the said scheme and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioners and any other necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioners are permitted to file all the necessary revenue records before the second respondent in order to satisfy the second respondent.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The District Collector, O/o. the District Collectorate, Virudhunagar District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Aruppukottai.

3.The Tahsildar, Aruppukottai Taluk, Virudhunagar District.

+1 CC to M/s.T.LAJAPATHI ROY,Advocate( SR-9941[F] dated 04/03/2022 ) +1 CC to M/s.SPL GP ( SR-10340[F] dated 07/03/2022 ) 03.03.2022 MGJ(23.03.2022) 3P 6C 3/3