Madras High CourtWP(MD)/20308/2017disposed of

Santhiyaguammal, v. The District Collector,

2017-11-03Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20308 of 2017 Sathiyaguammal ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Director, ICICI Lombard, Chotabhai Centre, 140, 2nd and 3rd Floor, Nungambakkam High Road, Chennai.

3.The Secretary, NN 184, Primary Agricultural Co-Operative Credit Society, Puliyal, Devakottai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the 1st respondent to instruct the 2nd and 3rd respondents to disburse the amount of Insurance for the failure of crops under the National Agricultural Crop insurance Scheme to the Petitioner based on the representation dated 02.09.2017 for the year 20162017 in respect of the petitioner's properties comprised in Survey nos.186/17, 186/18C, 186/3, 186/4A, 177/21 & 177/25A an extent of 0.98.50 Hectares in Patta No.257, situated at Irumathi Village (Panankulam Revenue Village), Survey Nos.186/16A2, 192/5, 191/14, 192/10, 196/4A, 197/5A,199/2, 201/7C, 202/15, 202/17, 184/11B, 184/1F & 184/7D an extent of 1.2.00 Hectare in Patta No.311, Survey No.191/10B, 236/2A2, 178/2A1 & 182/12B an extent of 0.94.00 Hectares in Patta No.1211, situated at Irumathi Village (sakkanthi Revenue Village), Devakottai Taluk, Sivagangai District.

For Petitioner : Mr.R.Murugan For Respondent -1 : Mr.M.Alagathevan, Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the first respondent to instruct the second and third respondents to disburse compensation under the National Agricultural Crop Insurance Scheme to the Petitioner based on the representation dated 02.09.2017 in respect of the petitioner's properties situated at Sivagangai District.

2.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3.Mr.M.Alagathevan, learned Special Government Pleader takes notice for the first respondent. Notice to the other respondents is dispensed with, as no adverse order is going to be passed. 4.The learned counsel for the petitioner would submit that the petitioner owns the subject mentioned properties, in which she has been doing cultivation. The petitioner has joined under the National Agricultural Crop Insurance Scheme and has paid premium also. Due to drought and failure of monsoon, she suffered loss in cultivation. Therefore, the petitioner has sent a representation dated 02.09.2017, seeking compensation under the National Agricultural Crop Insurance Scheme. Since no action has been taken by the respondents, the petitioner is before this Court, seeking appropriate direction to the respondents.

5.The learned Special Government Pleader appearing for the first respondent would submit that the representation of the petitioner would be considered in accordance with law within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner, dated 02.09.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(ADII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Director, ICICI Lombard, Chotabhai Centre, 140, 2nd and 3rd Floor, Nungambakkam High Road, Chennai.

3.The Secretary, NN 184, Primary Agricultural Co-Operative Credit Society, Puliyal, Devakottai Taluk, Sivagangai District.

+One cc to Mr.R.Murugan, Advocate, SR.No.85151 +One cc to The Special Government Pleader, SR.No.85352 dsk RL/6C/3P/KP/SAR1/15/11/2017 ORDER MADE IN W.P(MD)No.20308 of 2017 03/11/2017