S.Amirtham, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.5903 and 5927 of 2018 A.Amirtham ... Petitioner in W.P.(MD)No.5903 of 2018 R.Shanmugam ... Petitioner in W.P.(MD)No.5927 of 2018 -Vs1. The District Collector, Pudukottai District.
2. The Joint Director of Agriculture, Pudukottai District.
3. The Branch Manager, The New India Assurance Company Limited, Pudukottai.
... Respondents in W.P.(MD)No.5903 of 2018
1. The Joint Director of Agriculture, Pudukottai District.
2. The Branch Manager, The New India Assurance Company Limited, Pudukottai.
3. The Regional Manager, The New India Assurance Company Limited, Ist, Floor, Andhra Insurance Building, Parrys Corner, Chennai-1.
... Respondents in W.P.(MD)No.5927 of 2018 PRAYER in W.P.(MD)No.5903 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 third respondent to pay the compensation amount as paid to the other agriculturists of the petitioner's village by considering the petitioner's representations dated 20.11.2017 and 15.02.2018 within a time stipulated.
PRAYER in W.P.(MD)No.5927 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 second respondent to pay the compensation amount as paid to the other agriculturists of the
petitioner's village by considering the petitioner's representations dated 18.09.2017, 15.02.2018 and 15.03.2018 within a time stipulated.
For Petitioners : Mr.K.Balasundharam For R1 and R2 : Mr.M.Rajarajan, Government Advocate.
For R3 : Mr.G.Prabhu Rajadurai.
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 by a common order.
2.According to the petitioners, they are agriculturists, having agricultural lands in Ponpethi and Sathakudi Village respectively, Avudaiyarkovil Taluk, Pudukottai District, and during the year 2016-2017, they have insured their crops with the third respondent / Insurance Company, and also paid the premium. Due to drought, all the crops have been damaged. Hence, the Government made a recommendation to the Insurance Company to pay compensation, and the Government also directed the Insurance Company to fix compensation at the rate of Rs.21,000/- per acre in the petitioners' villages, and some of the villagers are also paid at the rate of Rs.21,000/- per acre. But, so far as the petitioners are concerned, they have been paid only a sum of Rs.7,000/- per acre instead of Rs.21,000/- per acre. In the above circumstances, the petitioners made representations to the third respondent to pay compensation. But, so far, no order has been passed on the representations. In the above circumstances, the present writ petitions have been filed.
3.Considering the fact that the petitioners'
representations are pending with the third respondent, without going into the merits of the case, the third respondent 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(P&A) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Pudukottai District.
2. The Joint Director of Agriculture, Pudukottai District.
3. The Branch Manager, The New India Assurance Company Limited, Pudukottai.
4. The Regional Manager, The New India Assurance Company Limited, Ist, Floor, Andhra Insurance Building, Parrys Corner, Chennai-1.
+2cc to Mr.K.Balasundharam, Advocate Sr.No.56434,56435 MYR VB/SKN/RSK/SAR4/12.04.2018/3P/7C W.P(MD)Nos.5903 and 5927 of 2018 20.03.2018