Partly allowed

M. Ramachandran v. the District Collector

Madras HC11 Dec 2024WP(MD)/19877/2015

Case brief

AI extract

What is this about?

Regarding a crop insurance claim repudiated by the District Central Co-op. Society for Ramanathapuram Firkha. Held respondent to consider petitioner's claim based on favorable firka recommendations and direct first respondent to complete exercise within eight weeks via Disaster Relief Fund.

What did the court decide?

Directed respondent to consider claim based on recommendations; directed first respondent to grant compensation via Disaster Relief Fund within eight weeks.

M. Ramachandran Vs the District Collector — Cooperative Societies | Madras HC (2024)

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W.P.(MD) No.19877 of 2015

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.12.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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W.P.(MD) No.19877 of 2015 and M.P.(MD).No.1 of 2015

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M.Ramachandran … Petitioner

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/vs./

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1.The District Collector,

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Ramanathapuram District, Ramanathapuram.

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2.The Joint Registrar,

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District Central Co-op., Society, Ramanathapuram Region, Ramanathapuram District.

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3.The Secretary,

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District Central Co-op., Society, Ramanathapuram, Ramanathapuram District.

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4.The Secretary,

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Q.1216 Kattuoorani Primary Agricultural Co-op., society,

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Pattinamkathan, Ramanathapuram District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the entire records in

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

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W.P.(MD) No.19877 of 2015

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connection with the impugned order passed by the second respondent in Na.Ka. 3643/2015, Saba(2) dated 23.09.2015, quash the same as illegal and consequently directing the respondents Nos.1 to 4 herein to extent the Crop insurance benefit for the year 2013-2014 to petitioner by including Ramanathapuram Firkha as drought hit area as per the insurance scheme and to pass such further order.

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For Petitioner : Mr.D.Anbarasu

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For Respondents : Mr.R.Sureshkumar for RR1 & 2 Additional Government Pleader

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ORDER

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Heard Mr.D.Anbarasu, learned counsel for the petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader for the respondents 1 to 2.

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This Writ Petition has been filed praying for a Mandamus, directing the

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second respondent to disburse compensation to the petitioner of Ramanathapuram Firka for the loss sustained by him during 2013-2014.

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

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W.P.(MD) No.19877 of 2015

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It is brought on record that the second respondent had already repudiated the claim of the petitioner and had intimated the same to him by communication dated 23.09.2015.

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It is the case of the petitioner that in certain of the Firka recommendations have been favourably made and hence, if the claim of the petitioner is also considered based on the said recommendation, it will be beneficial to him.

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5.Since the second respondent had already repudiated the claim, and in light of the law laid down by the Hon'ble Apex Court, the only available remedy for the petitioner is to approach the appropriate Civil Court. However, considering that a recommendation in favour of the petitioner and other villagers of the Firka, it is directed that the second respondent shall consider the claim of the petitioner and based on the said recommendation.

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6.The second respondent is directed to grant compensation under the Disaster Relief Fund to the petitioner and other villagers, after considering their

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

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W.P.(MD) No.19877 of 2015

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claims. This exercise shall be completed by the first respondent within a period of eight weeks from the date of receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous

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Petition is closed.

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11.12.2024

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Index : Yes / No Internet : Yes / No abr

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To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Joint Registrar, District Central Co-op., Society, Ramanathapuram Region, Ramanathapuram District.

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3.The Secretary, District Central Co-op., Society, Ramanathapuram, Ramanathapuram District.

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4.The Secretary,

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Q.1216 Kattuoorani Primary Agricultural Co-op., society, Pattinamkathan, Ramanathapuram District.

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

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W.P.(MD) No.19877 of 2015

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K.KUMARESH BABU, J.

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abr

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W.P.(MD) No.19877 of 2015 and M.P.(MD).No.1 of 2015

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11.12.2024

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

M. Ramachandran v. the District Collector

Case brief

What is this about?

What did the court decide?

M. Ramachandran v. the District Collector

Case brief

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What did the court decide?

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