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Madras High CourtWP(MD)/19036/2018dismissed

Seenivasan v. The District Collector

2024-11-05Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Seenivasan ... Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Director of Central Co-operative Bank, Virudhunagar District.

3.The Joint Registrar of Co-operative Societies, Virudhunagar, Virudhunagar District.

4.The Branch Manager, National Insurance Company Limited, Virudhunagar Branch, Virudhunagar.

5.The Secretary, Sp.Spl.125 Inamkasireddiapatti Primary Agricultural Co-operative Society, Inamkasireddipatti Village, Virudhunagar Taluk & District.

6.The Village Administrative Officer, Ondipulinayakanur Village, Virudhunagar Talu & District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to pay a sum of Rs.12,000/- per acre as compensation for crop failure in 1/5

the season 2016-17 under Crop Insurance Scheme within the period stipulated by this Court.

For Petitioner : Mr.M.Jothibasu For RR 1, 2, 5 & 6: Mr.D.Gandhi Raj Special Government Pleader For R - 3 : Mr.D.Shanmuga Raja Sethupathi

ORDER

This Writ Petition has been filed for a direction, directing the respondents to pay a sum of Rs.12,000/- per acre as compensation for the crop failure during the year 2016-2017 under Crop Insurance Scheme.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner owned agricultural land comprised in Survey Nos.407 & 499/3A5 situated at Ondipulinayakanur Village, Virudhunagar District to an extent of 8 ares and 38 cents. The petitioner had taken Insurance Policy for the crops. While being so, the petitioner suffered loss due to crop failure and submitted claim under the Insurance Scheme. However, the petitioner was paid only a sum of Rs.18,344/- instead of Rs.12,000/- per acre. Therefore, 2/5

the petitioner submitted a representation, dated 03.07.2018 to the respondents seeking for enhancement of claim amount. 4.Having been received the compensation amount under the Insurance Scheme to the tune of Rs.18,344/-, without any protest, the petitioner cannot seek for enhancement of compensation under the Insurance Scheme. After evaluation of crops, the claim of the petitioner was considered and paid a sum of Rs.18,344/-. Therefore, this Court finds no merits in the Writ Petition and the same is liable to be dismissed. 5.Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

05.11.2024 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Director of Central Co-operative Bank, Virudhunagar District.

3.The Joint Registrar of Co-operative Societies, Virudhunagar, Virudhunagar District.

4.The Branch Manager, National Insurance Company Limited, Virudhunagar Branch, Virudhunagar.

5.The Secretary, Sp.Spl.125 Inamkasireddiapatti Primary Agricultural Co-operative Society, Inamkasireddipatti Village, Virudhunagar Taluk & District.

6.The Village Administrative Officer, Ondipulinayakanur Village, Virudhunagar Talu & District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 05.11.2024 (1/2) 5/5