Muthuramalingam, v. Agriculture Insurance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Muthuramalingam ... Petitioner vs.

1.Agriculture Insurance Company of India Limited, 13th Floor, Amba Deep, # 14 Kasturba Gandhi Marg, New Delhi-110 001.

2.Agriculture Insurance Company of India Limited, Regional office, # 156/323, Andra Insurance Building, Thambu Chetty Street, Parris Corner, Chennai.

3.The Registrar of Cooperative Societies, O/o. Registrar of Cooperative Societies, Secretariat, Fort St.George, Chennai.

4.The District Collector, 1/6

5.The District Central Co-operative Bank Ltd., 6.The Primary Agriculture Bank(Q1193) A.Punavasal, Kadaladi Taluk, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to disburse the agriculture insurance amount to the farmers in A.Ponavasal Village in Appanoor Pirka, in Kadaladi Talulk, Ramanathapuram District under the National Insurance Scheme in the year of 2012-13. For Petitioner : Mr.D.Balamurugapandi For R1 : No appearance For R2 : Mr.D.Srinivasaragavan For R3 & R4 : Mr.R.Ragavendran Additional Government Pleader For R5 : Mr.D.Shanmugaraja Sethupathi

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents to disburse the agriculture insurance amount to the farmers in A.Ponavasal Village in Appanoor Pirka, in Kadaladi Talulk, Ramanathapuram District under the National Insurance Scheme in the year 2012-13.

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2.Mr.D.Srinivasaragavan, learned counsel appearing for the second respondent and Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the fifth respondent jointly submitted that there is no substance in the prayer made in this Writ Petition, as no details and the supporting documentary evidence have been given to substantiate the prayer. 3.The learned counsel appearing for the petitioner submitted that he had already given change of vakalat and handed over the case papers to the party.

4.Under such circumstances, a Division Bench of this Court in W.P(MD)No.2129 of 2014, dated 27.09.2016 [R.Jeganathamoorthy Vs. The Under Secretary, Finance Department] has dismissed the similar Writ Petition, wherein, it has been held as follows:- "The dispute is in respect of percentage of sum assured to be paid under the National Agricultural Insurance Scheme to the insured farmers. The same cannot be decided in this Writ Petition. The farmers can work out their remedy before the appropriate authority."

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5.In view of the decision cited supra, this Writ Petition is dismissed. No costs.

[R.M.D.,J.] & [J.S.N.P.,J.] Index : Yes / No 13.09.2022 Internet : Yes ps To

1. Agriculture Insurance Company of India Limited, 13th Floor, Amba Deep, # 14 Kasturba Gandhi Marg, New Delhi-110 001.

2. Agriculture Insurance Company of India Limited, Regional office, # 156/323, Andra Insurance Building, Thambu Chetty Street, Parris Corner, Chennai.

3. The Registrar of Cooperative Societies, O/o. Registrar of Cooperative Societies, Secretariat, Fort St.George, Chennai.

4. The District Collector,

5. The District Central Co-operative Bank Ltd., 4/6

6. The Primary Agriculture Bank(Q1193) A.Punavasal, Kadaladi Taluk, 5/6

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 13.09.2022 6/6