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Madras High CourtWP(MD)/9608/2021disposed of

Valli v. The Dt. Collector

2021-06-04Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Valli ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Deputy Director, Department of Agriculture, O/o.Collectorate, Sivagangai, Sivagangai District.

4.The Deputy Registrar, Co-operative Society, Sivagangai, Sivagangai District.

5.The Secretary, Primary Agricultural Co-operative Credit Society, Veraiyathakandan, Ilayangudi Taluk, Sivagangai District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to disburse the amount for the Prime Minister Crop Insurance Scheme (PMFBY) 2019-2020 to the petitioner. For Petitioners : Mr.S.Pakalavan For Respondents : Mr.P.Thilak Kumar, Standing Counsel for Government 1/3

ORDER

Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the respondents.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents to disburse the amount for the Prime Minister Crop Insurance Scheme (PMFBY) 2019-2020 to the petitioner.

4. The case of the petitioner is that he is a member of the fifth respondent's Society and he has been paying the premium amount and receiving the insurance amount every year regularly. He has also paid the premium insurance amount for the year 2019-2020 and received the receipt for the paid amount of Rs.4,500/-. In such circumstances, the crop insurance amount has not been allotted and disbursed for him for the year 2019-2020. He gave a representation to the first respondent on 28.12.2020 on the grievance day. On that day, the first respondent directed the third respondent to take appropriate action for disbursal of the crop insurance amount.

Subsequently, the respondents did not take any action and therefore, he sent another representation seeking disbursal of the crop insurance amount, to the respondents 2 to 5 and his son also sent a representation to the respondents on 06.11.2020. On 30.12.2020, the fifth respondent had sent a notice to him stating that the address of the petitioner had been wrongly stated as Aranmanaikarai instead of Kalankathankottai and therefore, there is a practical difficulty in disbursing the amount and the efforts are being taken to rectify the mistakes and the amount would be disbursed as soon as possible. Even thereafter, the amount has not been disbursed. Hence, the present Writ Petition came to be filed.

5. The learned counsel for the petitioner would state that it would be suffice, if a direction is given to the respondents to dispose of the representation of the petitioner.

6. The learned Standing Counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.

7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, the respondents are directed to consider the representation of the petitioner dated 28.12.2020, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 2/3

8. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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:

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.The Deputy Director, Department of Agriculture, O/o.Collectorate, Sivagangai, Sivagangai District.

4.The Deputy Registrar, Co-operative Society, Sivagangai, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-18949[F] dated 07/06/2021 ) Order made in 04.06.2021 CN(21.06.2021) 3P 6C 3/3