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Madras High CourtWP(MD)/4340/2017partly allowed

V.Malairajan v. The Agricultural Production

2017-03-15Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4340 of 2017 and W.M.P(MD)No.3489 of 2017 V.Malairajan .. Petitioner Vs.

1.The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Agriculture, Chepauk, Chennai - 600 005.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Chief Regional Manager, Agriculture Insurance Company of India Ltd., 1st Floor, Andhra Insurance Building, New No.323 (Old No.156), Thambu Chetty Street, Parrys Corner, Chennai - 600 001.

5.The Branch Manager, United India Insurance Company Ltd., Karaikudi Branch, Karaikudi, Sivagangai District.

6.Mr.Kalaimani, Founder, Sivagangai District Precision Farming and Fish Culture Farmers Federation, Karaikudi, Sivagangai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second and third respondents to consider the representation dated 19.08.2016 of the petitioner and take appropriate action to set right the irregularities committed in the remittance of insurance premium collected from the farmers and

consequently to disburse the eligible insurance compensation benefits in full to all the insured farmers of Killiyur Village, Karkalathur Revenue Village, Devakottai Taluk, Sivagangai District for Kharif 2013 season for paddy based on the proposals filed by them within a time limit to be fixed by this court. For Petitioner : Mr.K.Seemaraj For Respondents 1 to 3 : Mr.K.Guru, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 2 and 3 to consider the representation dated 19.08.2016 in respect of irregularities committed in remitting insurance premium collected from farmers, by way of issuing a writ of mandamus. 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents 1 to 3. Considering the nature of the relief sought in the writ petition, notice need not be sent to the remaining respondents.

3.It is seen from the records that on 19.08.2016, the petitioner has given a representation with regard to irregularities alleged to have been committed in remitting insurance premium amounts collected from farmers. But the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.

4.In fine, this writ petition is allowed in part without costs and the respondents 2 and 3 are directed to look into the representation dated 19.08.2016 and dispose of the same within a period of fifteen days. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Agriculture, Chepauk, Chennai - 600 005.

3.The District Collector, Sivagangai District, Sivagangai.

+1cc to Mr.K.Seemaraj,Advocate,SR.15432 +1cc to Mr.Special Government Pleader in SR.15060 ORDER MADE IN W.P(MD)No.4340 of 2017 and W.M.P(MD)No.3489 of 2017 15.03.2017 KK-SKN-RSK-SAR3-20.03.2017-3P-6C