Raman K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Raman ... Petitioner Vs.

1.The District Collector, Collectorate Office, Thanjavur District.

2.The Joint Director, Department of Agricultural (Crops Insurance), Thanjavur District.

3.The Regional Manager, Agriculture Insurance Company No.323, 1st Floor, Andra Insurance Building, Thambu Chetti Street, Paris Corner, Chennai - 600 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to disburse the premium insurance amount to the petitioner based on the communication sent by the second respondent to the third respondent in letter No.E3/2940/2020 dated 15.09.2020.

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For Petitioner : Mr.P.Rajamanickam For R-1 and R-2 : Mr.A.K.Manikkam Special Government Pleader For R-3 : Mr.D.Srinivasaragavan

O R D E R

This Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents to disburse the insurance amount to the petitioner based on the communication that was sent by the second respondent to the third respondent dated 15.09.2020.

2. Heard the learned counsel for the petitioner and the learned counsels for the respondents.

3. The case of the petitioner is that he is having agricultural lands at Thuvarankurichi South at Thanjavur District and he had also paid the Crop Insurance to the third respondent for the year 2019-2020. There was loss of crops and hence a claim was made by the petitioner for payment of compensation amount. The second respondent had also sent a communication in this regard to the third respondent through letter dated 15.09.2020. Inspite of 2/5

the same, the third respondent did not come forward to disburse the premium amount. Left with no other option, the present Writ Petition has been filed before this Court.

4. The second and third respondents have filed independent counter affidavits. They have taken a stand that the petitioner had mentioned that the agricultural lands are situated at Thamaran Kottai South Village and insofar as this Village is concerned, there is no short fall in the yield of paddy II Crop and no claim is payable under the Pradhan Mantri Fasal Bima Yojana (PMFBY).

5. Even the petitioner in the affidavit filed in support of the Writ Petition has admitted to the fact that the name of the Village has been wrongly mentioned. If the name has been wrongly mentioned, the claim made by the petitioner will be relatable only to the Village that has been mentioned by the petitioner. This cannot be rectified at a future point of time and therefore, this Court does not find any ground to interfere with the decision taken by the second and third respondents. The Village for which the petitioner had made claim did not suffer any short fall and therefore there is no question of making any claim for those lands. Accordingly, the relief sought for in this Writ Petition cannot be granted by this Court.

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6. This Writ Petition stands dismissed. No costs. 20.11.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The District Collector, Collectorate Office, Thanjavur District.

2.The Joint Director, Department of Agricultural (Crops Insurance), Thanjavur District.

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N.ANAND VENKATESH, J.

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