Valli.G v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25466 of 2022 Valli ..Petitioner Vs 1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.
3.The Village Administrative Officer, Madakottai Village, Kannangudi post, Devakottai Taluk, Sivagangai District.
Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to issue certified copy of the adangal in respect of the agricultural lands in S.No.24/7, 27/7B2, 27/8G, 28/6B measuring an extent of 0.46.0 hectares situated at Madakottai Village covered in Patta No.29 and S.No.20/3B, 1/1B, 24/3B, 24/9, 33/4, 38/6, 40/2 and 41/2 measuring an extent of 1.64.0 hectares situated at Nagamangalam Village covered in Patta No.3 enabling the Petitioner to avail crop insurance under Pradhan Mantri Fasal Bima Yojana(PMFBY) in the present fasli year within the time stipulated by this Court.
For Petitioner :Mr.G.Mohankumar For Respondents :Mr.D.Sadiq Raja 1 to 3 Addl.Govt.Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the third respondent to issue certified copy of the adangal in respect of the agricultural lands in S.No.24/7, 27/7B2, 27/8G, 28/6B measuring an extent of 0.46.0 hectares situated at Madakottai Village covered in Patta No.29 and S.No.20/3B, 1/1B, 24/3B, 24/9, 33/4, 38/6, 40/2 and 41/2 measuring an extent of 1.64.0 hectares situated at Nagamangalam Village covered in Patta No.3 enabling the Petitioner to avail crop insurance under Pradhan Mantri Fasal Bima Yojana(PMFBY) in the present fasli year within the time stipulated by this Court. 2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.
The case of the Petitioner is that the Petitioner has the agricultural lands as referred to above and the same absolutely belongs to the Petitioner's husband Ganapathi as his ancestral property through partition covered under Patta Nos.
Petitioner/wife, his three sons namely Mani, Palanikumar, Rathinavel Pandian and one daughter Malar, as his legal heirs.The above said Mani and Palanikumar died in the year 2022 and 2021 respectively, leaving behind their legal heirs.Further, the Government of India is providing crop insurance scheme under the Pradhan Mantri Fasal Bima Yojana(PMFBY) with the Agriculture Insurance Company of India Limited. For avaling the said crop insurance, the Petitioner has to submit the certified copy of the Adangal for the above said lands along with the application with premium prescribed, from any one of the nationalised Banks or cooperative societies.Further, the authorities have informed that the premium for availing the crop insurance has to be paid between 29.10.2022 to 15.11.2022.
When the Petitioner approached the third respondent for obtaining the copy of the Adangal covered under the Patta Nos.29 and 3, the said official had refused to issue the Adangal stating that there is an order of attachment in respect of the lands in question. 4.It is further submitted that one S.Karuppiah had filed a money suiit in O.S.No.359 of 2019, on the file of Additional District Judge-V, Coimbatore against the Petitioner's daughter in law Vasuki and the same is pending with an order of attachment before judgment. In these circumstances, the Petitioner has submitted a representation on 2.11.
considered so far. Hence the Petitioner has filed this Writ Petition for the relief stated supra.
5.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's request for issuance of Adangal for his lands as stated supra, will be considered as expeditiously as possible, since the premium for the same has to be paid on or before 15.11.2022.
6.In view of the above submission, this Court, without going into the merits of the matter, directs the third respondent to issue certified copy of the Adangal for the lands referred to supra to enable the Petitioner to submit the same for availing the crop insurance under the Pradhan Mantri Fasal Bima Yojana(PMFBY) as the premium for the same has to be paid before 15.11.2022. The above said exercise shall be carried out by the third respondent on or before 14.11.2022, without any deviation. 7.With the above direction, the Writ Petition stands disposed of.o costs.
09.11.2022
Index : Yes/No Internet:Yes/No vsn Note:Issue order copy on 10.11.2022 To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.
3.The Village Administrative Officer, Madakottai Village, Kannangudi post, Devakottai Taluk, Sivagangai District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25466 of 2022 09.11.2022