Madras High CourtWP(MD)/4865/2025disposed of

Jegathiswaran v. The Principal Secretary

2025-02-24Honourable Mr.Justice Vivek Kumar Singh7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Jegathiswaran : Petitioner Vs.

1. The Principal Secretary, Department of Agriculture, The Government of Tamil Nadu, Fort St.George, Secretariat, Chennai - 9.

2. The District Collector, Ramanathapuram District.

3. The Regional Manager, Agriculture Insurance Company of India, 1st Floor, Andhra Insurance Building, Old No.156, New No.323, Thambuchetty Street, Chennai - 1.

4. The Joint Director, Department of Agriculture, Ramanathapuram..

5. The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

1/7

6. The Village Administrative Officer, Varavani Revenue Group, R.S.Mangalam Taluk, Ramanathapuram District.

7. The Branch Manager, State Bank of India, R.S.Mangalam, Ramanathapuram District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider and pass order upon petitioners representation dated 26.11.2021 and 10.02.2025 requesting them to disburse petitioner the crop insurance amount in respect of agriculture lands nos.19/1A, 56/1, 56/2A, 20/6B, 54/3 and 43/8C to total extend 2.10.0 Hectares situated at Varavani Revenue Group R.S.Mangalam Taluk, Ramanathapuram District under the scheme of Pradhan Mantri Fasal Bima Yojana for the year 2018-19 within a stipulated time.

For Petitioner : Mr. K.Saravanan For Respondents : Mr.C.Venkatesh Kumar Spl.Govt.Pleader for R1, R2, R4 to R6 Mr.A.Shajahan for R3 2/7

O R D E R

This Writ Petition has been filed seeking a Mandamus to the second respondent to consider and pass order by considering the petitioner's representations dated 26.11.2021 and 10.02.2025, requesting them to disburse the crop insurance amount in respect of agriculture land Survey Nos.19/1A, 56/1, 56/2A, 20/6B, 54/3 and 43/8C to a total extent of 2.10.0 hectares, situated at Varavani Revenue Group R.S.Mangalam Taluk, Ramanathapuram District, under the scheme of Pradhan Mantri Fasal Bima Yojana for the year 2018-19 within a stipulated time frame.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents 1 to 6. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the seventh respondent is dispensed with.

3/7

3. The petitioner claims that he, along with his family members, is engaged in agriculture business on the aforesaid lands. He paid a crop insurance premium for a sum of Rs.1766.17/- through the seventh respondent's office on 26.11.2018, which was subsequently sent to the third respondent under the Scheme of Pradhan Mantri Fasal Bima Yojana for the year 2018 - 2019. Due to drought and crop failure, the petitioner suffered significant losses as the entire crop was damaged. The grievance of the petitioner is that despite approaching the respondents on several occasions and submitting a representation on 10.02.2025, requesting for the disbursement of the crop insurance amount, no action has been taken on his representation. Therefore, the petitioner has now filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the 4/7

Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent, to consider the petitioner's representation dated 10.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.02.2025 Index : Yes / No Internet : Yes / No PKN 5/7