Muthuramalingam.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.26811 of 2022 S.Muthuramalingam .. Petitioner

Versus

1.The District Collector, Ramanathapuram District, Ramanathapuram.

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

3.The Deputy Registrar of Co-operative Societies, Paramakudi, Ramanathapuram District.

4.The President, Q1193, Primary Agricultural Co-operative Credit Society, A.Punavasal Village, Kadaladi Taluk, Ramanathapuram District.

.. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first and second respondents i.e., the District Collector, Ramanathapuram and the Joint Registrar/Managing Director, Central Co-Operative Bank Ltd., Ramanathapuram, for pursuing further action on the letter in Na.Ka.70/2019/Ka.Va, dated 29.08.2019 of the 1/6

Deputy Registrar of Co-Operative Societies, Paramakudi, and the reply given by the District Collector, Ramanathapuram, in his letter No.X2/30303/2020, dated 31.08.2021, for payment of Crop Insurance amount to the petitioner, within a specified time frame that may be fixed by this Court. For Petitioner :

Mr.S.Visvalingam For Respondents 1 and 3:

Mr.R.Ragavendran Government Advocate For 2nd Respondent :

Mr.D.Shanmugarajasethupathi

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 i.e., the District Collector, Ramanathapuram and the Joint Registrar/Managing Director, Central Co-Operative Bank Ltd., Ramanathapuram, for pursuing further action on the letter in Na.Ka. 70/2019/Ka.Va, dated 29.08.2019, of the Deputy Registrar of Co-Operative Societies, Paramakudi, and the reply given by the District Collector, Ramanathapuram, in his letter No.X2/30303/2020, dated 31.08.2021, for payment of Crop Insurance amount to him, within a time frame.

2. Heard Mr.S.Visvalingam, learned counsel appearing for the petitioner; Mr.R.Ragavendran, learned Government Advocate, who takes notice for the respondents 1 and 3; and Mr.D.Shanmugarajasethupathi, learned Standing Counsel, who takes notice for the second respondent. By consent of 2/6

the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Having regard to the nature of the order proposed to be passed in this Writ Petition, notice to the fourth respondent is dispensed with.

4. According to the learned counsel for the petitioner, the petitioner is owning a piece of land, measuring an extent of 3.16 Hectares, situated at A.Punavasal Village, Kadaladi Taluk, Ramanathapuram District. During the year 2017-2018, Paddy was cultivated in the said lands and he remitted crop insurance amount of Rs.2,588/- in the Primary Agricultural Co-operative Credit Society at A.Punavasal. The entire cultivation did not yield any fruitful result and the petitioner suffered 100% loss due to lack of rain water. Hence, the petitioner applied to the first respondent for payment of amount under Crop Insurance Scheme on 27.05.2019. In the same Village, nearly 800 persons have been paid the crop insurance amount.

5. Further, according to the learned counsel for the petitioner, the third respondent has intimated that the amount remitted by the petitioner was left over by not updating the same in the Computer by the fourth respondent Society. Subsequently, a Resolution has been passed by the said Society, vide 3/6

its letter dated 29.08.2019. Thereafter, on 31.08.2021, the first respondent has forwarded the petitioner's petition, dated 16.08.2021, to the second respondent, for further action. However, till date, the petitioner has not been paid with the crop insurance amount. Hence, the petitioner has filed the present Writ Petition for the relief stated supra.

6. The learned Government Advocate appearing for the respondents 1 and 3 submitted that the petitioner's claim would be considered and appropriate orders would be passed by the first respondent on merits and in accordance with law, within a time frame.

7. Recording the above said submission made by the learned Government Advocate appearing for the respondents 1 and 3, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's claim, and pass appropriate orders on merits and in accordance with law, within a period of 20 weeks from the date of receipt of a copy of this order.

8. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 29.11.2022 smn2 4/6

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

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

3.The Deputy Registrar of Co-operative Societies, Paramakudi, Ramanathapuram District.

4.The President, Q1193, Primary Agricultural Co-operative Credit Society, A.Punavasal Village, Kadaladi Taluk, Ramanathapuram District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 29.11.2022 6/6