Kanagambal. A.L v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 26837 of 2023 A.L.Kanagambal ... Petitioner Vs.
1.The District Collector, Sivagangai, Sivagangai District.
2.The Joint Registrar The Primary Agricultural Co-Operative Credit Society, Kanjirangal, Near Government Arts College, Thiruppathur Road, Sivagangai District.
3.The Deputy Registrar, The Primary Agricultural Co-Operative Credit Society, Koothalur Post, Karaikudi, Sivagangai District.
4. The Secretary, The Primary Agricultural Co-Operative Credit Society, Koothalur Group and Post, Kallal, Karaikudi Taluk, Sivagangai District.
5. The Branch Manager, ICICI Lomard General Insurance Company Limited, Crop Insurance Division, Plot No.5, A.A.Towers, 1st Floor, Northern Side, S.S.Colony, Bye-Pass Road, Madurai-10.
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6.The Village Administrative Officer, Koothalur Revenue Group, Karaikudi Taluk, Sivagangai District 7.The Director of Agriculture, Chepauk, Chennai-5.
...Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take necessary action to ensure payment of crop insurance amount to the petitioner's land in survey No.315/1 to an extent of 2.35.5 hectares situated at Koothalur Revenue Group, Poyyalur Village Panchayat, Karaikudi Taluk, Sivagangai District, for the year 2017-2018 (Rabi year - 2017) based on the representation of the petitioner, dated 01.07.2019, 08.07.2019 and 05.06.2023, made to the 1st respondent within a time frame fixed by this Court. For Petitioner :Mr.S.M.Kadhar For R1 to R4, R6 & R7 :Mr.S.Shanmugavel Additional Government Pleader For R5 :Mr.P.Pethu Rajesh
ORDER
The present Writ Petition has been filed for the issuance of a Writ Mandamus, to direct the respondents 1 to 4 to take necessary action to ensure payment of crop insurance amount to the petitioners land in survey No.315/1 to an extent of 2.35.5 hectares situated at Koothalur Revenue Group, Poyyalur Village Panchayat, Karaikudi Taluk, Sivagangai District for the year 2017-2018 (Rabi 2/6
year - 2017) based on the representation of the petitioner dated 01.07.2019, 08.07.2019 and 05.06.2023 made to the 1st respondent within a time frame fixed by this Court.
2.Admittedly, the petitioner is having several lands in Survey Nos. 239/14, 251/13, 260/4 and 315/1. The respondents have considered the petitioner's case and granted crop insurance for Survey Nos. 239/14, 251/13 and 260/4. However, the Insurance Company did not disburse the insurance for Survey No.315/1.
3.The contention of the respondents is that the Survey No.315/1 is a barren land.
4.The contention of the petitioner is that while applying for the crop insurance, it was wrongly mentioned as 239/1 (1/239). But the contention of the respondents is that even the Survey No. 239/1 is declared as barren land (jhpR).
5. The learned Counsel appearing for the fifth respondent Insurance Company submitted that the petitioner cannot claim any insurance if he has made any mistake. The Petitioner is bound to declare it properly and take the insurance. Therefore, the wrong entry will not give any right to the petitioner. 6.After hearing the rival submissions, this Court is of the considered 3/6
opinion that when the revenue authorities have come to the conclusion that both the Survey Nos.239/1 and 315/1 are barren lands, the petitioner is not entitled to. Even if it is remitted back to the authorities for reconsideration, there will not be any useful purpose now due to a efflux of time. At this point of time, the official respondents cannot ascertain whether it was a barren land or whether crops were planted. Therefore, this Court is not inclined to entertain this writ petition. Hence, the writ petition is dismissed. There shall be no order as to costs. 04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 4/6
1.The District Collector, Sivagangai, Sivagangai District.
2.The Joint Registrar The Primary Agricultural Co-Operative Credit Society, Kanjirangal, Near Government Arts College, Thiruppathur Road, Sivagangai District.
3.The Deputy Registrar, The Primary Agricultural Co-Operative Credit Society, Koothalur Post, Karaikudi, Sivagangai District.
4. The Secretary, The Primary Agricultural Co-Operative Credit Society, Koothalur Group and Post, Kallal, Karaikudi Taluk, Sivagangai District.
5. The Village Administrative Officer, Koothalur Revenue Group, Karaikudi Taluk, Sivagangai District 6.The Director of Agriculture, Chepauk, Chennai-5.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 04.07.2025 6/6