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Madras High CourtWP(MD)/9835/2020dismissed

M. Chandrasekaran v. The Director Of Agricultural

2023-07-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Chandrasekaran ... Petitioner Vs.

1. The Director of Agriculture, Department of Agriculture, Chepauk, Chennai.

2. The District Collector, Thoothukudi.

3. The Joint Director of Agriculture, District Department of Agriculture, Thoothukudi District.

4. The Joint Registrar of Co-op Societies, Thoothukudi District, Thoothukudi.

5. The Divisional Manager, New India Assurance Company Limited, 770-A, Spencer Towers 3rd Floor, Anna Salai, Chennai - 2.

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6. The Assistant Director of Agriculture, Kayathar, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance a Writ of Mandamus, directing the respondents to provide the crop insurance amount for the period of 2018-2019 under Crop Insurance cum Flood Relief Scheme to the petitioner.

For Petitioner : No appearance For R-1 to 4 & 6 : Mr.B.Saravanan Additional Government Pleader For R-5 : Mr.G.Prabu Rajadurai

ORDER

This writ petition is filed for Writ of Mandamus seeking direction to the respondents to provide the crop insurance amount to the petitioner for the period of 2018-2019, under Crop Insurance cum Flood Relief Scheme.

2. There is no representation on the side of the petitioner either by the petitioner in person or through his Counsel. 2/6

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the 5th respondent submitted that there is no claim for the year 2018-2019 and therefore, liability cannot be fixed on the 5th respondent.

4. The learned Additional Government Pleader appearing for the respondent Nos.1 to 4 & 6 submitted that the actual yield recorded for maize crop during Rabi 2018-2019 in Savalaperi Village 2153kg/Ha, whereas the Threshold Yield is only 1940kg/Ha. Therefore, the actual yield obtained is more than the Threshold Yield. Hence, the Insurance company/5th respondent has declared the Savalaperi Village of Kayathar Block, Thoothukudi District as a "No claim village" for maize crop during Rabi, 2018-2019.

5. Therefore, this Court is of the considered opinion that since the said village has Yielded more than the limit fixed, the petitioner is not entitled to get any relief.

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6. Accordingly, this Writ petition stands dismissed. There shall be no order as to costs.

Index : Yes / No 10.07.2023 Internet : Yes ksa 4/6

To

1. The Director of Agriculture, Department of Agriculture, Chepauk, Chennai.

2. The District Collector, Thoothukudi.

3. The Joint Director of Agriculture, District Department of Agriculture, Thoothukudi District.

4. The Joint Registrar of Co-op Societies, Thoothukudi District, Thoothukudi.

5. The Divisional Manager, New India Assurance Company Limited, 770-A, Spencer Towers 3rd Floor, Anna Salai, Chennai - 2.

6. The Assistant Director of Agriculture, Kayathar, 5/6

S.SRIMATHY, J ksa Order made in 10.07.2023 6/6