T.Ramamoorthy, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.873 of 2018 1.T.Ramamoorthy 2.T.Sathyamoorthy 3.M.Tamilayya 4.M.Sundar ... Petitioners Vs.

1.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 Joint Director for Agriculture, Kattu Thottam, Mariamman Kovil Road, Thanjavur 4.The Secretary, Vekatasamuthoram Primary Agricutural Co-operative Credit Society Ltd., Thiruvaiyaru Taluk, Thanjavur District ... Respondents Prayer :

Writ Petition 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 Venkatasamuthiram Village of Thiruvaiyaru Taluka of Thanjavur District, by way of crops insurance for the year cultivating year 2015-2016 i.e. Vagoor Crops by considering the petitioner's representation dated 1.11.2017, within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R1 & R3 : Mr.Gunaseelan Muthaiah Additional Government Pleader For R2 : Mr.J.S.Murali For R4 : Mr.D.Muruganandam

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents to grant the compensation for the failure of the petitioners' crops in Venkatasamuthiram Village of Thiruvaiyaru Taluka of Thanjavur District, by way of crops insurance for the year cultivating year 2015-2016 i.e. Vagoor Crops by considering the petitioner's representation dated 1.11.2017, within the period as stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 3, the learned counsel appearing for the second respondent and the learned counsel appearing for the fourth respondent.

3.According to the learned counsel for the petitioners, the petitioners are farmers, having agricultural lands in Venkatasamuthiram Village of Thiruvaiyaru Taluka of Thanjavur District and they insured their crops under the crops insurance scheme. While so, the entire crops had failed and the petitioners were put to irreparable damages and loss. The first respondent took survey in the month of January 2017 and the entire Thanjavur District was declared as 'drought hit' by the Government of Tamilnadu. In the above circumstances, the petitioners made a representation dated 01.11.2017 to the District Collector-first respondent to recommend for compensation under the crops insurance scheme.

4.The main grievance of the petitioners is that the application of the petitioners dated 01.11.2017 seeking for compensation for the drought for the cultivating year 2015-2016 has not been considered till date.

5. The learned counsel for the petitioners prays for a direction to the third respondent to consider the petitioner's representation dated 01.11.2017 within a stipulated time as fixed by this Court.

6. Considering the limited prayer sought for by the petitioners, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 01.11.2017 on its own merits and pass orders within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AD1) /True Copy/ Sub Assistant Registrar To, 1.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 Joint Director for Agriculture, Kattu Thottam, Mariamman Kovil Road, Thanjavur.

4.The Secretary, Vekatasamuthoram Primary Agricutural Co-operative Credit Society Ltd., Thiruvaiyaru Taluk,Thanjavur District.

+1cc to Mr.A.Haja Mohideen, Advocate in Sr.No.61216 +1cc to Mr.J.S.Murali, Advocate in Sr.No.61087 cm AE/SV MMS/SAR1/3P/6C/18/05/2018 W.P.(MD)No.873 of 2018 12/04/2018