The petitioner, land owner seeking mandamus directing authorities to provide flood relief subsidy to him while denying it to his tenant cultivator. The Court held this factual issue requires a departmental enquiry before being decided.
Petitioner was directed to issue notices to parties for personal hearing and to pass orders thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No. 9551 of 2018
P.Mohammed Hussain ...Petitioner
Vs.
1. The District Collector,
District Collectorate Office,
Thiruvarur District.
2. The Tahsildar,
Tahsildar Office,
Kudavasal, Thiruvarur District.
3. T.Govindasamy @ Kittu Pillai ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondents 1 and 2 to issue flood relief, crop insurance and subsidy to the petitioner for the year 2017 and for subsequent years and not to issue the any flood relief, crop insurance and subsidy to the respondent 3 the cultivating tenants as per the petitioner representation dated 08.01.2014.
For Petitioner : Mr.M.Thamizhavel
For Respondents : Ms.P.Rajalakshmi,
Additional Government Pleader.
O R D E R
This writ petition has been filed in the nature of mandamus, directing the first and second respondents namely, District Collector, Thiruvarur and the Tahsildar, Kudavasal, Thiruvarur District to issue flood relief, crop insurance and subsidy to the petitioner for the year 2017 and for the subsequent years and in the same time simultaneously not to issue said relief to the third respondent.
respondent is paying rent by way of giving some bags of paddy from the said lands. It is also a fact that the respondents have passed G.O.MS.No. 8 dated 10.01.2017 granting issue of relief of G.O.MS.No. 47 dated 21.12.2017 granting subsidy to farmers whose farmers were damaged. The issue which now requires clarification's whether such relief can be granted to the petitioner or to the third respondent. It is stated that the third respondent being a cultivating tenant is alone entitled to receive. However, representation dated 02.08.2017 seeking that the subsidy of the grant should be paid only to the petitioner and that the third respondent had not given agreed bags of paddy for the past four years.
CP(CO) KKV/04/09/2020
1 issue framed by the court
Whether the High Court can decide the entitlement to flood relief and subsidy between a land owner and a tenant without a formal enquiry.
P.Mohammed Hussain
The District Collector, Thiruvarur District
The Tahsildar, Kudavasal, Thiruvarur District
T.Govindasamy @ Kittu Pillai
C.V.KArthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
