Madras High Court
The Special Commissioner/ vs P.Parthiban on 22 June, 2021
W.A.(MD)No.1225 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1225 of 2018 &
CMP(MD)No.8583 of 2018
1.The Special Commissioner/
Revenue Administrative Officer,
Natural Calamity Management cum Audit Department,
Chennai.
2.The District Collector,
Collectorate,
Madurai.
3.The Administrative Officer,
The District Agriculture Engineering Department,
Madurai District, Madurai.
4.The Thasildar,
Usilampatti Taluk,
Madurai District. ... Appellants
Vs.
P.Parthiban ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order passed in WP(MD)No.8581 of 2018, dated 16.07.2018 by
allowing this Writ Appeal.
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W.A.(MD)No.1225 of 2018
For Appellants : Mr.R.Baskaran,
Standing Counsel for Government
For Respondent : Mr.K.K.Samy
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.R.Baskaran, learned Standing Counsel for
Government for the appellants and Mr.K.K.Samy, learned counsel appearing for
the respondent.
2. This appeal by the Government is directed against the order dated
16.07.2018 in WP(MD)No.8581 of 2018.
3. The said Writ Petition was filed by the respondent challenging the
order passed by the second appellant rejecting the request made by the
respondent claiming compensation of Rs.89,000/- for the damage caused to his
well on account of the Natural Calamity.
4. According to the appellants, there was no calamity, which occurred
during the relevant time and the respondent's claim for compensation was
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1225 of 2018
rightly rejected by the second respondent and wrongly set aside by the learned
Single Bench.
5. However, we find from the proceedings of the District Collector
dated 16.12.2011, there is a specific recommendation in Serial No.43,
recommending a sum of Rs.89,000/- as compensation payable to the respondent
for the damage caused to the agricultural well. If such is the position, we find
there is no error in the order passed by the learned Single Bench, by issuing
direction contained in paragraph No.6 of the impugned order.
6. Therefore, we find no ground to take a different decision in the
matter. For such reasons, the Writ appeal is dismissed and the order and
direction issued by the learned Single Bench shall be complied with by the
appropriate appellant within a period of 12 weeks from the date of receipt of a
copy of this Judgement. No order as to costs. Consequently, the connected
Miscellaneous Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
22.06.2021
Index : Yes / No
Internet : Yes / No
mbi/pkn
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1225 of 2018
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
mbi/pkn
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
JUDGMENT MADE IN
W.A.(MD)No.1225 of 2018
22.06.2021
https://www.mhc.tn.gov.in/judis/
