BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.18304 of 2018 Nammalvar ... Petitioner Vs.

1.Union of India By Department of Agriculture, Cooperation & Farmers Welfare (DAC&FW), Ministry of Agriculture & Farmers Welfare (MoA&FW), New Delhi.

2.The District Collector, Virudhunagar District.

3.The Assistant Director of Agriculture, Agriculture Department, Srivilliputhur, Virudhunagar District.

4.The New India Assurance Co. Ltd., Chennai Regional Officer, Spencers Towers, 3rd Floor, 770-U, Anna Salai, Chennai - 600002. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay crop insurance amount in respect of the petitioner's lands in Thombakulam Village, Vembakottai Taluk, Virudhunagar District insured under the Pradhan Mantri Fasal Bima Yogna (PMFBY) Scheme for season

2016-2017 within the time as may be prescribed by this Court.

For Petitioner : Mr.Y.Prakash For R1 : No appearance For R2 & R3 : Mr.S.P.Maharajan Special Government Pleader For R4 : No appearance *****

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to pay crop insurance amount in respect of the petitioner's lands in Thombakulam Village, Vembakottai Taluk, Virudhunagar District insured under the Pradhan Mantri Fasal Bima Yogna (PMFBY) Scheme for season 2016-2017 within the time as may be prescribed by this Court.

2. The learned Special Government Pleader for the second and third respondents would draw attention to paragraphs 6, 7, 8, 13 & 14 of the counter affidavit filed by the third respondent and submit that question of paying any compensation to the petitioner does not arise. Paragraphs 13 &

14 of the counter affidavit reads as under:-

“13. Further, it is respectfully submitted that in Virudhunagar District, The New India Assurance Company has sanctioned so far a sum of Rs.117.916 Crore for 45605 farmers for Samba Paddy, Cholam, Cumbu, Maize, Cotton, Blackgram, Greengram, Redgram, Gingelly, Sunflower and Groundnut Crops under Pradhan Mantri Fasal Bima Yojana 2016-17 in which a sum of Rs.16.94 crore had been sanctioned exclusively for Cotton Crop, out of this Rs.16.91 crore has been disbursed to 8,176 farmers of Virdhunagar District. In that Rs.8,03,417/ (Eight lakhs three thousand four hundred and seventeen only) was given to 138 farmers under Pradhan Mantri Fasal Bima Yojana 2016-2017 in Srivilliputhur Taluk.

14. Paying Insurance Premium alone does not make a farmer eligible to claim the compensation amount. As per the guidelines if the yield is lesser than the last 7 years average yield, the compensation will be given.”

3. In paragraph 9 of the counter affidavit, the third respondent has admitted that only a sum of Rs.3,000/- was paid to the petitioner as compensation. According to the petitioner, the petitioner is in possession of land measuring an extent of 2 Acres and therefore, the payment of Rs. 3,000/-, as against the total sanction of Rs.2,44,06,851/- for agriculture crops, does not commensurate, as the amount of Rs.3,000/- paid to the petitioner as compensation is paltry.

4. The counter affidavit of the third respondent also indicates that a further sum of Rs.34,50,745/- was released to 523 farmers in Srivilliputhur Taluk, for horticulture crops, during March, 2017. The amount that has been paid to the petitioner does not satisfy the method of calculation provided in paragraph 8 of the counter affidavit which reads as under:-

“If 'Actual Yield' (AY) per hectare of insured crop for the insurance unit (Calculated on basis of requisite number of Crop Cutting Experiments in insured season, falls short of specified 'Threshold Yield' (TY), all insured farmers growing that crop in the defined area are deemed in have suffered shortfall in yield of similar magnitude. 'Claim shall be calculated as per the following formula:

(Threshold Yield – Actual Yi