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Madras High CourtWP(MD)/5385/2022disposed of

Palanisamy.R v. The District Collector

2022-03-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.5385 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.5385 of 2022 R.Palanisamy .. Petitioner Vs The District Collector, Sivagangai District, Sivagangai.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to disburse the flood relief fund order by the State Government in the year 2020-2021 in the total extent insure 10 Acres to the petitioner and by considering the petitioner's representation, dated 02.11.2021.

For Petitioner : Mr.S.Pugalendhi For Respondent : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to disburse the flood relief fund in favour of the petitioner based on the petitioner's representation, dated 02.11.2021, within a time frame to be fixed by this Court. 2.According to the petitioner, he has been cultivating paddy crops in Ilayankudi Taluk, Thayamangalam Firka, Melathuraiyur Revenue, Sirur Village, measuring an extent of 10 Acres. According to the petitioner, due to the floods in the year 2020 his crops have been damaged. He has applied for flood relief fund by giving a representation on 02.11.2021, to the respondent. Since the representation has not been considered till date, he has filed this writ petition.

3.Heard Mr.S.Pugalendhi, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondent. 4.On instructions, the learned Special Government Pleader, would submit that if it is feasible, the representation of the petitioner, seeking the flood relief fund will be considered on merits and in accordance with law. The said statement is recorded. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5385 of 2022 5.No prejudice will be caused to the respondent, if the petitioner's representation is considered on merits and in accordance with law.

6.Accordingly, this Court directs the respondent to consider the petitioner's representation, dated 02.11.2021, seeking for flood relief assistance on account of the alleged damage caused to his crops in the year 2020 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of three months. The petitioner shall produce all the required documents to the respondent in support of his claim for flood relief assistance.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 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 The District Collector, Sivagangai District, Sivagangai.

+1 CC to M/s.SPL GP ( SR-15352[F] dated 30/03/2022 ) W.P.(MD)No.5385 of 2022 28.03.2022 RK(04/04/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2