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Madras High CourtWP(MD)/22500/2019disposed of

A. Sangaiah v. The District Collector

2021-07-07Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH A.Sangaiah ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Joint Registrar/Managing Director, Central Co-operative Bank Ltd., Sivagangai District, Sivagangai.

3.The President, TNN 549, Primary Agricultural Co-operative Credit Society, Sakkur, Sakkur Post, Sooranam via, Kalayarkovil Taluk, Sivagangai District.

4.The Regional Manager, ICICI Lombard Insurance Company, Seethalakshmi Business Centre Branch, 3rd Floor, Unit No..684-690, Annasalai, Thousand Lights, Chennai-6.

5.The Branch Manager, ICICI Lombard Insurance Company, 1st Floor, AA Towers, Northers Site, Plot No.5, Bye Pass Road, Madurai-10.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first and second respondents ie., the District Collector, Sivagangai and the Joint Registrar/Managing Director, Central Co-operative Bank Ltd., Sivagangai for pursuing further action on the letter No.R.C.3015/2017/T2 dated 05.08.2019 of the Joint Registrar/Managing Director, Central Co-operative Bank Ltd., Sivagangai regarding making payment of Crop Insurance amount to the petitioner also on par with similarly placed persons in the same Kalayarkovil Taluk within a specified time frame, that may be fixed by this Court. For Petitioners : Mr.S.Visvalingam For Respondent No.1 : Mr.M.Lingadurai 1/3

For Respondent No.2 : Mr.S.Dhayalan For Respondent No.3 : Mr.D.Sadiq Raja

ORDER

This writ petition has been filed for the issue of writ of mandamus directing the second respondent to proceed further and pay the crop insurance amount to the petitioner pursuant to the letter in RC.No. 3015/2017/T2 dated 05.08.2019.

2. Heard Mr.S.Visvalingam, learned counsel appearing on behalf of the petitioner, Mr.M.Lingadurai, learned Government Advocate appearing on behalf of the first respondent, Mr.S.Dhayalan, learned counsel appearing on behalf of the second respondent and Mr.D.Sadiq Raja, learned counsel appearing on behalf of the third respondent.

3. The case of the petitioner is that he has paid the insurance premium and he suffered loss due to lack of rain. That apart, already the claim made by the petitioner and similarly placed persons has been considered and many have been paid the crop insurance. However, the application of the petitioner was kept pending and ultimately the second respondent through letter dated 05.08.2019 informed the petitioner that the insurance amount will be paid immediately after it is received. The grievance of the petitioner is that there was absolutely no progress thereafter. Left with no other option, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to proceed further to pay the insurance amount to the petitioner pursuant to the letter in R.C.3015/2017/T2 dated 05.08.2019 within a period of six(6) weeks from the date of receipt of a copy of this order. 5.The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above direction. No Costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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 The District Collector, Sivagangai District, Sivagangai.

+1 CC to M/s.D.SADIQ RAJA, Advocate ( SR-21609[F] dated 08/07/2021 ) +1 CC to M/s.SPL GP ( SR-21720[F] dated 08/07/2021 ) 07.07.2021 PM(CO) KB(14.07.2021) 3P 4C 3/3