J.Avudaithai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020

CORAM:

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE W.P.(MD )No.13357 of J.Avudaithai ... Petitioner Vs.

1) The District Collector, Office of District Collector, Thoothukudi District, Thoothukudi.

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

... Respondents PRAYER: Writ Petition is 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 in respect of land situated in patta No.1160 Survey Nos.16/4, 17 at Vellalankottai Village, Thoothukudi District based on the representation dated 22.07.20020 within the time period stipulated by this Court.

For Petitioner : Ms.K.Mahalakshmi For R-1 : Mr.C.Ramesh, Special Government Pleader.

For R-2 : No Appearance.

O R D E R

Mr.C.Ramesh, learned Special Government Pleader accepts notice for the first respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed seeking for a Mandamus to direct the respondents to provide crop insurance amount allegedly payable to the petitioner.

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3. It is the case of the petitioner that, he is an agriculturalist, holding land in patta No.1160, Survey Nos.16/4, 17 at Vellalankottai Village, Thoothukudi District. According to him, the first respondent is the Authority, issuing Crop Insurance under the Pradhan Mantri Fasal Bima Yojana (hereinafter referred as 'PMFBY' Scheme) introduced by the Central Government.

4. As per the PMFBY Scheme, the petitioner has paid a sum of Rs.1812.11/- towards crop insurance premium through e-service centre at R.R.Nagar, Virudhunagar District, dated 13.01.2019. According to the petitioner, the year 2018-19 was announced as a 'drought year' and therefore, he was expecting the insurance amount from the first respondent to be credited into his bank account. He has also given a representation, dated 22.07.2020 to the respondents for payment of the Crop Insurance amount under the Crop Insurance Scheme.

5. According to the learned counsel for the petitioner, he has satisfied all the requirements of the respondents for the sanction of the Crop Insurance amount. It is the case of the petitioner that, despite the representation dated 22.07.2020, neither the respondents have paid the crop insurance amount nor have they responded to the representation of the petitioner. In such circumstances, this writ petition has been filed.

6. The relief sought for by the petitioner is innocuous in nature. No prejudice would be caused to the respondents if the relief sought for by the petitioner in this writ petition is granted.

7. Therefore, this Court directs the respondents to consider the petitioner's representation, dated 22.07.2020 seeking for the payment of crop insurance amount in respect of his agricultural lands comprised in patta No.1160, Survey Nos.16/4, 17 at Vellalankottai Village, Thoothukudi District for the year 2018 and pass final orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

8. With these directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 2/3

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, Office of District Collector, Thoothukudi District, Thoothukudi.

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

Order made in W.P.(MD)No.13357 of 2020 CK(CO) CS(04.11.2020) 3P 3C 3/3