W.P(MD).No.16718 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

W.P(MD).No.16718 of 2020

and W.M.P.(MD).No.13962 of 2020

S.Ayyakannu

.. Petitioner

Vs.

1.The District Collector,

Sivagangai District,

Sivagangai.

2.The Tahsildar,

Kalayarkoil Taluk,

Sivagangai District.

3.The Village Administrative Officer,

Kavenikarai Village,

Silukkatpatti Group,

Kalayarkoil Taluk,

Sivagangai District.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of

India for issuance of Writ of Mandamus, directing the respondents 2

and 3 to receive the premium for the crop insurance, for the year

2020-21, for Rabi Period, under Pradhan Mantri Fasal Bima Yojana

(PMFBY) Scheme, for the petitioner's lands in S.Nos.110 and 111 of

Silukkapatti Village in Kalayarkoil Taluk in Sivagangai District

from the petitioner.

For Petitioner

: Mr.R.Suriyanarayanan

For Respondents

: Mrs.M.Rajeswari

Government Advocate

ORDER

(This writ petition heard through video conference)

This writ petition has been filed for a Mandamus seeking for

a direction to the respondents 2 and 3 to receive the premium for

the crop insurance for the year 2020-21, for Rabi period, under

Pradhan Mantri Fasal Bima Yojana (PMFBY) Scheme, for the

petitioner's lands in S.Nos.110 and 111 of Silukkapatti Village in

Kalayarkoil Taluk in Sivagangai District from the petitioner.

2.Heard Mr.R.Suriyanarayanan, learned counsel for the

petitioner and Mrs.M.Rajeswari, learned Government Advocate,

appearing for the respondents.

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W.P(MD).No.16718 of 2020

3.It is the case of the petitioner that he belongs to

scheduled caste community and is an agriculturist. It is his case

that he is eligible to avail crop insurance payment under the

Pradhan Mantri Fasal Bima Yojana (PMFBY) Scheme, for his lands in

S.Nos.110 and 111 of Silukkapatti Village in Kalayarkoil Taluk in

Sivagangai District. It is his case that he has been approaching

the third respondent from the year 2016 to pay the insurance premium

under the aforementioned scheme, but he has refused to receive the

same. It is the case of the petitioner that last date for payment

of insurance premium for the year 2020-221 is 30.11.2020. It is his

case that he gave a representation on 05.11.2020 to the respondents

2 and 3 in person requesting him to accept the insurance premium

payable under the Pradhan Mantri Fasal Bima Yojana (PMFBY) Scheme.

But it is his case that despite the said representation, the

respondents 2 and 3 refused to receive the insurance premium. In

such circumstances, this writ petition has been filed.

4.On instructions, Mrs.M.Rajeswari, learned Government

Advocate appearing for the respondents would submit that the

petitioner has not satisfied the requirements for the grant of crop

insurance amount under the Pradhan Mantri Fasal Bima Yojana (PMFBY)

Scheme. He has also not produced the revenue records pertaining to

his property for the grant of crop insurance amount under the

aforementioned Scheme and that is the reason for the third

respondent to refuse the receipt of the insurance premium from the

petitioner. The learned counsel for the petitioner on instructions

would submit that since the last date for the payment of the

insurance premium is for the year 2020-21 is 30.11.2020, the

respondents may be directed to receive the insurance premium from

the petitioner and thereafter decide as to whether the petitioner is

eligible for crop insurance amount or not.

5.This Court after hearing the rival submissions made on both

sides, is of the considered view that no prejudice will be caused to

the respondents, if the insurance premium payable by the petitioner

for availing crop insurance amount under the Pradhan Mantri Fasal

Bima Yojana (PMFBY) Schem