Chandrasekaran.M v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Chandrasekaran ... Petitioner -vs1.The District Collector, Office of the District Collector, Thoothukudi District, Thoothukudi.

2.The Agriculture Insurance Company, Office Block -1, 5th Floor, Plot B and C East Kidwai Nagar Ring Road, New Delhi - 110 023.

3.Indian Overseas Bank, Kayatharu Branch, Tuticorin District.

... Respondents [R3 is suo motu impleaded vide the order of this Court dated 05.07.2021] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide crop insurance amount to the petitioner in the petitioner's Account No. 243901000000702 in respect of land situated in Patta No.254/7C, 305/1A36, 313/1B1A, 316/1B, 334/1, 353/2, 353/3A and 353/3C at Chithava Nayakkanpatti Village, Vilathikulam Taluk, Thoothukudi District, within the 1/6

time period stipulated by this Court, based on the representation dated 12.05.2021.

For Petitioner :

Ms.K.Mahalakshmi For R1 :

Ms.S.Jeyapriya Government Advocate For R2 :

Mr.D.Srinivasaragavan For R3 :

Mr.N.Dilipkumar Standing Counsel

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to pay the crop insurance amount to the petitioner with respect to the subject properties for the year 2019-2020.

2. The case of the petitioner is that he has paid the insurance premium amount for the subject properties before the third respondent Bank. The petitioner faced loss due to failure of crops. When the claim was made, the same was not granted and hence, the present Writ Petition was filed before this Court.

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3. The second respondent has filed a detailed counter affidavit along with all the relevant documents. Insofar as the claim that is made by the petitioner, that has been captured in Paragraph No.5 of the counter affidavit and the same is extracted hereunder:- 3/6

4. The above claim made by the petitioner was considered after taking into account the relevant data and it was found that the petitioner was eligible for insurance claim with respect to Onion. For proper appreciation, Paragraph No.7 of the counter affidavit filed by the second respondent is extracted hereunder:- 4/6

5. In the light of the above stand taken by the second respondent and after considering the entire materials that were submitted before this Court, this Court holds that the other claims that have been made by the petitioner are not sustainable and this Writ Petition is disposed of accordingly. No costs.

NCC : Yes/No 18.10.2023 Index : Yes/No smn2 To 1.The District Collector, Office of the District Collector, Thoothukudi District, Thoothukudi.

2.The Agriculture Insurance Company, Office Block -1, 5th Floor, Plot B and C East Kidwai Nagar Ring Road, New Delhi - 110 023. 5/6

N.ANAND VENKATESH, J.

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