Dismissed

Alivalam Farmers Association v. The Collector

Madras HC5 Dec 2022WP/32626/2022

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a writ petition seeking a direction to the District Collector to investigate scam related to a crop insurance scheme. The court held that the Collector lacked jurisdiction under the Tamil Nadu Cooperative Societies Act, 1983, and the writ was not maintainable as the petitioner should have approached the competent Registrar.

What the court decided

AI extract

Alivalam Farmers Association Vs The Collector — Service and Employment | Madras HC (2022)

¶1

W.P.No.32626 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05.12.2022

¶4

CORAM :

¶5

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND

¶6

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

¶7

W.P.No.32626 of 2022

¶8

Alivalam Farmers Association

¶9

rep. by its Authorized Representative, G.Babu No.185, Sivan Knil Street, Alivalam Post, Thiruvarur District Pin-610 106. .. Petitioner

¶10

¶11

1.The Collector, Office of the Collector, Thiruvarur.

¶12

2.The Registrar of Co-operative Societies, No.170, NV Natarajan Maligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai-600 010.

¶13

3.The Revenue Divisional Officer, Office of the District Revenue Office, Thiruvarur.

¶14

4.The Joint Registrar, Co-operative Societies, Thiruvarur Region, Thiruvarur.

¶15

Page 1 of 7

¶16

https://www.mhc.tn.gov.in/judis

¶17

W.P.No.32626 of 2022

¶18

5.The Circle Assistant Registrar, Thiruvarur.

¶19

6.The Thasildar, Office of the District Revenue Office, Thiruvarur.

¶20

7.Latha

¶21

8.Thappalampuliyur Primary Cooperative Agricultural Bank,

¶22

Thapalampuliyur, Thiruvarur.

¶23

.. Respondents

¶24

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the first respondent to consider the representation dated 24.05.2022 sent by the petitioner association to the first respondent to take appropriate and swift action against the scammers of “Pradhan Manthri Paddy Crop Insurance Scheme” pertaining to the period 2018-2019 disbursed through the seventh respondent.

¶25

For the Petitioner : Ms.Kanimozhi Mathi

¶26

For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Dr.S.Surya for respondent Nos.1, 3 to 6

¶27

Page 2 of 7

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.No.32626 of 2022

¶30

ORDER

¶31

(Order of the court was made by the Hon'ble Acting Chief Justice)

¶32

Alivalam Farmers Association, through by its Authorised Representative, G.Balu, has filed this writ petition seeking issuance of a writ of mandamus to direct the first respondent to consider the representation dated 24.05.2022 sent by the petitioner association to the first respondent to take appropriate and swift action against the scammers of “Pradhan Manthri Paddy Crop Insurance Scheme” pertaining to the period 2018-2019 disbursed through the seventh respondent.

¶33

Learned counsel for the petitioner submitted that pointing out the large scale malpractices involved in disbursing crop insurance scheme benefit worth about Rs.1 crore for the year 2018-2019 from the account of the eight respondent, through its President and Secretary, based on the forged certificates issued by the Alivalam, Village Administrative Officer, the petitioner association gave a representation to the first respondent/District Collector, Thiruvarur, on 11.11.2019, which was “Jamapandi Petition Day”, with a request to

¶34

Page 3 of 7

¶35

https://www.mhc.tn.gov.in/judis

¶36

W.P.No.32626 of 2022

¶37

take appropriate action. Pursuant thereto, the petitioner association received a letter dated 30.1.2020 from the third respondent informing that appropriate action was initiated based on the petition given by the petitioner association. However, it is pleaded that, till date, no action has been initiated against the perpetrators.

¶38

Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 and 3 to 6, submitted that if the petitioner association is interested in exposing the scam and bringing the perpetrators to book, they ought to have given a complaint to the rightful authority, namely the second respondent/Registrar of Cooperative Societies. Without giving a proper complaint to the competent authority, who has jurisdiction to deal with the grievance of the petitioner, the petitioner cannot maintain a writ petition to direct an authority, who has no jurisdiction over the issue.

¶39

In reply, learned counsel for the petitioner submitted that based on the representation given by the petitioner association action appears to have been initiated and, therefore, the present writ petition

¶40

___________ Page 4 of 7_

¶41

https://www.mhc.tn.gov.in/judis

¶42

W.P.No.32626 of 2022

¶43

has been filed to direct the first respondent to take swift action against

¶44

the scammers.

¶45

In the case on hand, it is not in dispute that the second respondent/Registrar of Co-operative Societies is the competent authority who is empowered to deal with the grievance of the petitioner. The first respondent/District Collector has no jurisdiction to consider the grievance of the petitioner under the Tamil Nadu Cooperative Societies Act, 1983. Without making a representation to the appropriate authority, the writ petition seeking issuance of a writ of mandamus to direct the first respondent, who has no jurisdiction, to consider the grievance of the petitioner association is not maintainable.

¶46

In such view of the matter, the writ petition is dismissed. There will be no order as to costs. Consequently, W.M.P.No.32031 of 2022 is closed.

¶47

(T.R., ACJ.) (D.B.C., J.) 05.12.2022

¶48

Index : Yes/No sasi

¶49

___________ Page 5 of 7_

¶50

https://www.mhc.tn.gov.in/judis

¶51

W.P.No.32626 of 2022

¶52

To:

¶53

1.The Collector, Office of the Collector, Thiruvarur.

¶54

2.The Registrar of Co-operative Societies, No.170, NV Natarajan Maligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai-600 010.

¶55

3.The Revenue Divisional Officer, Office of the District Revenue Office, Thiruvarur.

¶56

4.The Joint Registrar, Co-operative Societies, Thiruvarur Region, Thiruvarur.

¶57

5.The Circle Assistant Registrar, Thiruvarur.

¶58

6.The Thasildar, Office of the District Revenue Office, Thiruvarur.

¶59

https://www.mhc.tn.gov.in/judis

¶60

Page 6 of 7

¶61

W.P.No.32626 of 2022

¶62

T.RAJA, ACJ. AND D.BHARATHA CHAKRAVARTHY, J.

(sasi)

W.P.No.32626 of 2022

05.12.2022

___________ Page 7 of 7_

¶67

https://www.mhc.tn.gov.in/judis

Alivalam Farmers Association v. The Collector

Case brief

What is this about?

What the court decided

Alivalam Farmers Association v. The Collector

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.Ravi Vs The District Collector

M.Kannabiran Vs The Principal Secretary

C.Karuppayya Vs The District Collector

K.Nantha Kumar Vs The District Collector

G.Chitra Vs The Executive Engineer cum

Govindarasu Vs The District Collector