T.Arokiyasamy, S/O.Devadoss v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14991 of 2018 T.Arokiyasamy ... Petitioner vs.

1. The District Collector Collector Office Building Ramanathapuram District.

2. The Secretary Society of Semponkudi Semponkudi Post Muthukulathoor (T.K) Ramanathapuram District.

3. The Agriculture Insurance Company of India Regional Office, First Floor, Andhira Insurance Building Old 156, New No. 323, Thambu Chetty Street, Chennai- 600 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent 1 and 2 to consider my representations dated 04.09.2017 and 11.05.2018 respectively to grant the remaining claim amount to the petitioner's crop for a sum of Rs.1,39,000/- for the year 2016-2017 within the time limit fixed by this Hon'ble Court. For Petitioner : Mr.M.Parthasarathy For Respondents :

Mr.J.Gunaseelan Muthiah (R1 & R2) Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 and 2. Notice to the third respondent is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

3. It is the grievance of the petitioner that his representations dated 04.09.2017 and 11.05.2018 seeking to grant remaining claim amount to the petitioner's crop for a sum of Rs.1,39,000/- for the year 2016-2017, has not been considered by the third respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representations dated 04.09.2017 and 11.05.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To:

1. The District Collector Collector Office Building Ramanathapuram District.

2. The Secretary Society of Semponkudi Semponkudi Post Muthukulathoor (T.K) Ramanathapuram District.

+1cc to Mr.M.Parthasarathy, Advocate, SR.No.72461. +1cc to Special Government Pleader, SR.No.72827. W.P.(MD) No.14991 of 2018 12.07.2018 aav https://hcservices.ecourts.gov.in/hcservices/ RAM/RP/SAR 4/19.07.2018/2P/5C