Madras High Court
Valli vs The District Collector on 9 November, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 09.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.25466 of 2022
Valli ..Petitioner
Vs
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Tahsildar,
Taluk Office,
Devakottai Taluk,
Sivagangai District.
3.The Village Administrative Officer,
Madakottai Village,
Kannangudi post,
Devakottai Taluk,
Sivagangai District. Respondents
PRAYER:Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the third
respondent to issue certified copy of the adangal in respect of the
agricultural lands in S.No.24/7, 27/7B2, 27/8G, 28/6B measuring an
extent of 0.46.0 hectares situated at Madakottai Village covered in Patta
No.29 and S.No.20/3B, 1/1B, 24/3B, 24/9, 33/4, 38/6, 40/2 and 41/2
measuring an extent of 1.64.0 hectares situated at Nagamangalam Village
covered in Patta No.3 enabling the Petitioner to avail crop insurance
under Pradhan Mantri Fasal Bima Yojana(PMFBY) in the present fasli year
within the time stipulated by this Court.
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2
For Petitioner :Mr.G.Mohankumar
For Respondents :Mr.D.Sadiq Raja
1 to 3 Addl.Govt.Pleader
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus
directing the third respondent to issue certified copy of the adangal in
respect of the agricultural lands in S.No.24/7, 27/7B2, 27/8G, 28/6B
measuring an extent of 0.46.0 hectares situated at Madakottai Village
covered in Patta No.29 and S.No.20/3B, 1/1B, 24/3B, 24/9, 33/4, 38/6,
40/2 and 41/2 measuring an extent of 1.64.0 hectares situated at
Nagamangalam Village covered in Patta No.3 enabling the Petitioner to
avail crop insurance under Pradhan Mantri Fasal Bima Yojana(PMFBY) in
the present fasli year within the time stipulated by this Court.
2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes
notice for the respondents 1 to 3. By consent of both parties, the Writ
Petition is taken up for final disposal at the admission stage itself.
3.The case of the Petitioner is that the Petitioner has the
agricultural lands as referred to above and the same absolutely belongs
to the Petitioner's husband Ganapathi as his ancestral property through
partition covered under Patta Nos.29 and 3 and all the revenue records
stand in his name and he died
https://www.mhc.tn.gov.in/judis intestate 25 years ago, leaving behind the
Petitioner/wife, his three sons namely Mani, Palanikumar, Rathinavel
Pandian and one daughter Malar, as his legal heirs.The above said Mani
and Palanikumar died in the year 2022 and 2021 respectively, leaving
behind their legal heirs.Further, the Government of India is providing crop
insurance scheme under the Pradhan Mantri Fasal Bima Yojana(PMFBY)
with the Agriculture Insurance Company of India Limited. For avaling the
said crop insurance, the Petitioner has to submit the certified copy of the
Adangal for the above said lands along with the application with premium
prescribed, from any one of the nationalised Banks or cooperative
societies.Further, the authorities have informed that the premium for
availing the crop insurance has to be paid between 29.10.2022 to
15.11.2022.When the Petitioner approached the third respondent for
obtaining the copy of the Adangal covered under the Patta Nos.29 and 3,
the said official had refused to issue the Adangal stating that there is an
order of attachment in respect of the lands in question.
4.It is further submitted that one S.Karuppiah had filed a money
suiit in O.S.No.359 of 2019, on the file of Additional District Judge-V,
Coimbatore against the Petitioner's daughter in law Vasuki and the same
is pending with an order of attachment before judgment. In these
circumstances, the Petitioner has submitted a representation on
2.11.2022 to the respondents to issue the Adangal for the above said
lands for availing the above crop insurance and the same has not been
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considered so far. Hence the Petitioner has filed this Writ Petition for the
relief stated supra.
5.The learned Additional Government Pleader appearing for the
respondents 1 to 3 would submit that the Petitioner's request for issuance
of Adangal for his lands as stated supra, will be considered as
expeditiously as possible, since the premium for the same has to be paid
on or before 15.11.2022.
6.In view of the above submission, this Court, without going into the
merits of the matter, directs the third respondent to issue certified copy
of the Adangal for the lands referred to supra to enable the Petitioner to
submit the same for availing the crop insurance under the Pradhan Mantri
Fasal Bima Yojana(PMFBY) as the premium for the same has to be paid
before 15.11.2022. The above said exercise shall be carried out by the
third respondent on or before 14.11.2022, without any deviation.
7.With the above direction, the Writ Petition stands disposed of.o
costs.
09.11.2022
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Index : Yes/No
Internet:Yes/No
vsn
Note:Issue order copy on 10.11.2022
To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Tahsildar,
Taluk Office,
Devakottai Taluk,
Sivagangai District.
3.The Village Administrative Officer,
Madakottai Village,
Kannangudi post,
Devakottai Taluk,
Sivagangai District.
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V.BHAVANI SUBBAROYAN,J
vsn
ORDER MADE IN
W.P(MD)No.25466 of 2022
09.11.2022
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