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Madras High CourtWP(MD)/24021/2016disposed of

P.Sankaran, v. The Tahsildar

2016-12-15Honourable Mr Justice K. Ravichandrabaabu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 15.12.2016

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)Nos.24021 and 24022 of 2016 1.P.Sankaran

...Petitioner in W.P(MD)No.24021 of 2016

2.R.S.Sornam

...Petitioner in W.P(MD)No.24022 of 2016

Vs 1.The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

2.The Zonal Deputy Tahsildar, Vallanad Division, Srivaikundam Taluk, Thoothukudi District.

3.The Secretary, Primary Agricultural Cooperative Credit Society, Chekkarakudi, Srivaikundam Taluk, Thoothukudi District.

..Respondents in both W.Ps'

Prayer in W.P(MD)No.24021 of 2016: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from issuing Crop Insurance Certificate to other unknown persons for the Petitioner's agricultural land measuring an extent of 9.52.0 hectares and 5.66.0 hectares comprised in S.Nos.4 and 5 situated in Theivaseyalpuram, Thoothukudi District stands in patta No.31 within the time limit fixed by this Court by considering his representation dated 6.10.2016 sent by him to the first and second respondents.

Prayer in W.P(MD)No.24022 of 2016: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from issuing Crop Insurance Certificate to other unknown persons for the Petitioner's agricultural land measuring an extent of 5.880 hectares comprised in S.No97/3 situated in Theivaseyalpuram, Thoothukudi District stands in patta No.31 within the time limit fixed by this Court by considering his representation dated

6.10.2016 sent by him to the first and second respondents. For Petitioner :M/s.G.Thalaimutharasu in both W.Ps'

For Respondents 1&2 :Mr.C.Selvaraj in both W.Ps' Spl.Govt.Pleader COMMON ORDER The Petitioners in W.P(MD)No.24021 of 2016 seeks for a Mandamus to forbear the the respondents from issuing Crop Insurance Certificate to other unknown persons for the Petitioners agricultural land measuring an extent of 9.52.0 hectares and 5.66.0 hectares comprised in S.Nos.4 and 5 situated in Theivaseyalpuram, Thoothukudi District stands in patta No.31 by considering his representation dated 6.10.2016 sent by him to the first and second respondents.

2.The Petitioner in W.P(MD)No.24022 of 2016 seeks for a Mandamus to forbear the respondents from issuing Crop Insurance Certificate to other unknown persons for the Petitioner's agricultural land measuring an extent of 5.880 hectares comprised in S.No97/3 situated in Theivaseyalpuram, Thoothukudi District stands in patta No.31 within the time limit fixed by this Court by considering his representation dated 6.10.2016 sent by him to the first and second respondents.

3.Mr.C.Selvaraj, learned Speial Government Pleader takes notice for the respondents.

4.By consent of both parties, the main Writ Petitions are taken up for disposal, at the admission stage itself. 5.The grievance of the Petitioners is that the respondents are going to issue the Crop Insurance Certificate to some persons, who are not the owners of the said property, as the Petitioners alone are the owners of the same. Ventilating such grievance, the Petitioners have made representations on 6.10.2016 to the first and second respondents and the said representations have not been considered so far.

6.Considering the limited scope of the prayer sought for and without expressing any view on the merits of the claim made by the Petitioners, I only direct the respondents to consider the representations of the Petitioners, dated 06.10.2016 and pass orders on the same, on merits and in accordance with law, also by hearing other rival parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petitions are disposed of. No costs.

Sd/- Deputy Registrar /True Copy/ Sub Assistant Registrar vsn To 1.The Tahsildar, Srivaikundam Taluk, Thoothukudi District.

2.The Zonal Deputy Tahsildar, Vallanad Division, Srivaikundam Taluk, Thoothukudi District.

3.The Secretary, Primary Agricultural Cooperative Credit Society, Chekkarakudi, Srivaikundam Taluk, Thoothukudi District.

+2cc to Mr.G.Thalaimutharasu Advocate Sr.No.81317,81318 +1cc to Spl.Government Pleader Sr.No. 80912 JAM/27.12.16/RR/ 3p-7c W.P(MD)Nos.24021 and 24022 of 2016 15.12.2016