M.Chandrasekaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR M.Chandrasekaran ... Petitioner /Vs./ 1.The District Collector, Office of District Collector, Thoothukudi District, Thoothukudi.
2.The Divisional Manager, New India Assurance Company Ltd., 770-A, Spencer Towers 3rd Floor, Anna Salai, Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to provide crop insurance amount to the petitioner's Account Number 243901000000702 in respect of land situated in patta No.254/7C, 305/1A36, 313/1B1A, 316/1B, 334/1, 353/2, 353/3A and 353/3C at Chithavanayakkanpatti village, Vilathikulam Taluk, Thoothukudi District within the time period stipulated by this Court. For Petitioner : Mr.R.Venkatesan For R-1 : Mr.B.Bhagawathi Government Advocate
ORDER
Mr.R.Venkatesan, learned counsel on record for writ petitioner is before this Court.
2. Mr.B.Bhagawathi, learned Government Advocate, accepts notice on behalf of first respondent.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 27.06.2019 wherein writ petitioner has sought payment owing to crop failure having taken insurance under Pradhan Mantri Fasal Bima Yojna (PMFBY) Scheme.
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5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the first respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 27.06.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the first respondent is the authority who shall consider the aforementioned representation dated 27.06.2019 made by the writ petitioner (page Nos.4 to 6 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 27.06.2019 shall be disposed of by the first respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the first respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal shall be communicated by the office of the first respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Office of District Collector, Thoothukudi District, Thoothukudi.
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2.The Divisional Manager, New India Assurance Company Ltd., 770-A, Spencer Towers 3rd Floor, Anna Salai, Chennai - 2.
Order made in Dated:
13.09.2019 sm JM/04.10.2019/3P/3C 3/3