Madras High CourtWP(MD)/17972/2020disposed of

R. Natarajan v. The District Collector

2020-12-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE (Through Video Conference) R.Natarajan ... Petitioner Vs.

1) The District Collector, Collectorate Office,Virudhunagar District.

2) The General Manager, State Bank of India, Circle Top House,No.16, College Road, Nungambakkam, Chennai 600 006

3) The Branch Manager, State Bank of India, Kovilpatti Branch,Tuticorin District.

4) The New India Insurance Company Ltd.

Virudhunagar Divisional Office, No.105/1, Madurai Main Road, Virudhunagar District 626 001 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide the premium amount for crop insurance in FY 2016-17 to the petitioner's agricultural land based on the petitioner's representation.

For Petitioner :

Mr.S.Bharathi For R-1 :

Mrs.M.Rajeswari, Government Advocate

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to provide crop insurance amount for the FY 2016-17 to the petitioner's agricultural land based on the petitioner's representation dated 20.02.2020

2. Mrs.M.Rajeswari, learned Government Advocate accepts notice for the 1st respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the case of the petitioner that he is the owner of the agricultural lands measuring 2.91 hectares comprised in 1/3

S.No.924/1A, 925/6, 925/5, 925/6 & 930/17 at Vembakottai Village, Virudhunagar District. According to him, he has paid Rs.720/- towards premium for the crop insurance under the PMFBY Bima Yojana Plan to the third respondent in the name of the fourth respondent Insurance Company.

4. According to him, there was drought in the year 2016-17 and the Government announced a compensation of Rs.48,000/- under the PMFBY Bima Yojana Plan. It is his case that he applied for the crop insurance amount under the aforementioned scheme with the respondents on 20.02.2020. However, according to him, till date, the said representation has not been considered by the respondents. In such circumstances, this writ petition as been filed.

5. Heard Mr.S.Bharathi, learned counsel for the petitioner and Mrs.M.Rajeswari, learned Government Advocate for the first respondent.

6. The relief sought for in this writ petition is an innocuous relief. No prejudice would be caused to the respondents if the petitioner's representation is considered by them on merits and in accordance with law.

7. The petitioner has submitted an application with the respondents seeking for crop insurance payment under PMFBY Bima Yojana Plan for the year 2016-17 for his agricultural lands. Admittedly, the representation of the petitioner has not been considered by the respondents till date.

8. For the foregoing reasons, this Court directs the respondents 3 & 4 to consider the petitioner's representation dated 20.02.2020 seeking for crop insurance amount for the assessment years 2016-17 for his agricultural lands situated in S.No.924/1A, 925/6, 925/5, 925/6 & 930/17 at Vembakottai Village, Virudhunagar District and pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

9. With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 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, Collectorate Office, Virudhunagar District.

2) The General Manager, State Bank of India, Circle Top House, No.16, College Road, Nungambakkam, Chennai 600 006

3) The Branch Manager, State Bank of India, Kovilpatti Branch, Tuticorin District.

4) The New India Insurance Company Ltd.

Virudhunagar Divisional Office, No.105/1, Madurai Main Road, Virudhunagar District 626 001.

+1 CC to M/s S.Bharathi,Advocate,in SR.No.25509. +1 CC to M/s Special Government Pleader SR.No.25438. Order made in Dated:

11.12.2020 (PU)CO AP(18/01/2021) 3P 7C 3/3