K.Ramaganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.28553 of 2023 K.Ramaganesan ... Petitioner Vs 1.The District Collector, Ramanathapuram, 2.The Tahsildar, R.S.Mangalam Taluk, 3.The Joint Director of Agricultural, Ramanathapuram, 4.The Regional Manager, Agriculture Insurance Company, 1st Floor, Andhra Insurance Building, P.No.156/N.No.323, Thambuchetti Street, Paris Corner, Chennai.
5.The Secretary, O.N.560 Baranur Primary Agricultural Co-operative Credit Society, Uppur, 1/6
S.S.Mangalam Taluk, ... Respondents (R4 & R5 are impleaded vide order dated 11.12.2023 in W.M.P.(MD)No.25215 of 2023 in W.P.(MD)No.28553 of 2023 by GRSJ) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider and pay the agricultural drought insurance amount for a period of 2018-19 based on the petitioner's representation dated 18.10.2023 within the time stipulated by this Court.
For Petitioner : Mr.H.Velavadhas For R1 to R5 : Mrs.S.Jeya Priya, Govt. Advocate.
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus,directing the 1st respondent to consider and pay the agricultural drought insurance amount for a period of 2018-19 based on the petitioner's representation dated 18.10.2023 within the time stipulated by this Court. 2.Heard, Mr.H.Velavadha, learned counsel for the petitioner and Mrs.S.Jeya Priya, learned Government Advocate for the respondents. 2/6
3.The grievance of the petitioner in this writ petition is with respect to non-payment of the sum assured by the respondent Insurance Companies. 4.This Court is of the view that the farmers are benefitted by the scheme and it is to be seen that the stage of the crop stood at the time of drought and difficulties will arise, if no details available it will be difficult to assess the same. Hence, Insurance Company has to be furnished with details by the Director of Economics and Statistics and others to arrive at a proper quantum of compensation with respect of payment of sum, which has been assured on reaching maturity. Whatever be the issues, ultimately, it is for the District Level Grievance Redressal Committee of those Districts to resolve the same by calling for the particulars from those, who are in possession of the insurance. 5.
The petitioner is directed to approach the concerned District Level Grievance Redressal Committee within a period of four weeks from the date of receipt of a copy of this order, enclosing all the relevant materials and upon receipt of the said request, the said Committee has to conduct an enquiry, which includes collection of materials from other authorities, who are in possession of such particulars, and thereafter, take a conscious decision.
copy of the request as ordered in this proceedings. Based upon the recommendation of the District Level Grievance Redressal Committee to be made, the Insurance Company to honour the petitioner and make payment as expeditiously as possible preferably within a period of one month thereafter.
6. Accordingly, this writ petition is disposed of. No costs. 08.02.2024 Index : Yes/No Internet: Yes/No am/ias Issue order copy on 12.02.2024.
To 1.The District Collector, Ramanathapuram, 2.The Tahsildar, R.S.Mangalam Taluk, 3.The Joint Director of Agricultural, Ramanathapuram, 4.The Regional Manager, Agriculture Insurance Company, 1st Floor, Andhra Insurance Building, 4/6
P.No.156/N.No.323, Thambuchetti Street, Paris Corner, Chennai.
5.The Secretary, O.N.560 Baranur Primary Agricultural Co-operative Credit Society, Uppur, S.S.Mangalam Taluk, 5/6
V.BHAVANI SUBBAROYAN, J.
am/ias W.P(MD)No.28553 of 2023 08.02.2024 (1/4) 6/6