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Madras High CourtWP(MD)/4208/2019allowed

P.Kumar, v. The District Collector,

2019-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.4208, 4209 and 4210 of 2019 P.Kumar ... Petitioner in W.P.(MD)No.4208 of 2019 K.Ulagammal ... Petitioner in W.P.(MD)No.4209 of 2019 K.Muthulakshmi ... Petitioner in W.P.(MD)No.4210 of 2019 Vs 1.The District Collector, Pudukkottai District.

2.The Assistant Director, Veterinary Department, Pudukottai District.

3.The Tahsildhar, Kulathur Taluk, Pudukkottai District.

... Respondents in all writ petitions PRAYER in W.P.(MD)No.4208 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby direct the respondents to provide adequate compensation to the petitioner for the loss sustained by him in the poultry at Samathuvapuram, Narthamalai, Pudukkottai District due to Gaja Cyclone on 16.11.2018.

PRAYER in W.P.(MD)No.4209 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby direct the respondents to provide adequate compensation to the petitioner for the loss sustained by him in the poultry at Vellalapatti, Ammachattiram, Pudukkottai District due to Gaja Cyclone on 16.11.2018.

PRAYER in W.P.(MD)No.4210 of 2019: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby direct the respondents to provide adequate compensation to the petitioner for the loss sustained by him in the poultry at Vellalapatti, Ammachattiram, Pudukkottai District due to Gaja Cyclone on 16.11.2018.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Mu.Muthu Additional Government Pleader (in all writ petitions) https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER Heard the learned counsel on either side.

2.The petitioners suffered loss of poultry during the recent Gaja Cyclone. They therefore, submitted applications to the first respondent seeking compensation. Till date, the petitioners' applications have not been considered. The reason appears to be that there was a delay in submitting the relevant papers. 3.I am of the view that delay ought not to be put against the petitioners in a case of this nature. If the petitioners had suffered loss of poultry then, based on the relevant materials, compensation will have to be paid to the writ petitioners. 4.The first respondent is therefore, directed to consider and pass orders on the petitioners' representations dated 18.02.2019 and disburse the compensation payable to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

5. Accordingly, these writ petitions are allowed on these terms. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Pudukkottai District.

2.The Assistant Director, Veterinary Department, Pudukottai District.

3.The Tahsildhar, Kulathur Taluk, Pudukkottai District.

+1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.60713 +3 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate in SR-61429 to 61431 W.P.(MD)Nos.4208, 4209 and 4210 of 2019 11.04.2019 pnn PK/26.04.2019 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/