Backiyalakshmi.N v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Backiyalakshmi ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Regional Manager, Agricultural Insurance Company India Ltd., Affiliated by the Central Government) Cinou 7499DL2002PLC118123, Old No.156, New No.323, Andhra Insurance Building 1st Floor, Thambuchetti Street, Chennai-600 001.

3.The Deputy Registrar, District Co-Operative Societies, Vandikara Street, Ramanathapuram.

4.The Assistant Director, District Agricultural Department, Ramanathapuram.

5.The Secretary, Primary Agricultural Co-Operative Society, Andavoorani, Thiruvadanai Taluk, Ramanathapuram District.

..Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay the insurance amount of Rs.21 500/- per acre as fixed by the respondents for Paganoor Village Group, Thiruvadanai Taluk, Ramanathapuram District, within the period fixed by this Court, considering the petitioner's representation dated 24.08.2021.

For Petitioner : Mr.R.Sevugaraja For R-1 & R-3 to R-5 : Mr.A.K.Manikkam, Special Government Pleader For R-2 : Mr.D.Srinivasaragavan

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 24.08.2021, wherein, the petitioner has sought for the payment of the insurance amount.

2. The second respondent has filed a counter affidavit and the relevant portions in the counter affidavit are extracted hereunder. "3. I submit that the averments with regard 1 to para 3 of the affidavit namely Ownership of 2/6

the land in question by the petitioner's brother K.Chelladurai and his wife Annalakshmi measuring an extent of 16 Acres of land situated at Paganur Revenue village of Thiruvadanai Taluk, Ramanathapuram District is concerned the same is not substantiated by the petitioner through any records. The triplicate Adangal for the land issued in the name of Velusamy for the above said lands. However the writ petitioner claims that it stands in the name of her brother, for which she did not produce any document during verification by the Authorized Committee constituted by District Collector of Ramanthapuram

4. I submit that as per Pradhan Mantri Fasal Bima Yojana (PMFBY) Scheme, District Level Committee headed by the Collector namely the 1 Respondent herein rejected the claim of the petitioner citing the above said reason name insured and owner are different. The said communication was sent to this 2 Respondent by the Director of Agriculture on 24.06.2019 vide Letter G1/71997/2017. The said communication as well as relevant entries relating the writ petitioner is enclosed in the typed set of papers. Therefore, in view the decision of District Level Committee the 3/6

petitioner is not entitled for claim as claimed by her in the present Writ Petition."

3. Heard the learned counsel on either side.

4. The claim made by the petitioner for the insurance amount has been rejected by the second respondent based on the report received from the District Level Committee, wherein, it has been mentioned that there is a discrepancy between the name of the insured and the owner of the property. The relevant communication received from the District Level Committee was also placed before this Court.

5. In view of the above, the relief as sought for by the petitioner cannot be granted by this Court and this Writ Petition stands dismissed. No costs.

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To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Deputy Registrar, District Co-Operative Societies, Vandikara Street, Ramanathapuram.

3.The Assistant Director, District Agricultural Department, Ramanathapuram.

4.The Secretary, Primary Agricultural Co-Operative Society, Andavoorani, Thiruvadanai Taluk, Ramanathapuram District.

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N.ANAND VENKATESH, J.

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