R. KALIMUTHU Vs. DISTRICT COLLECTOR, RAMANATHAPURAM
LAWS(MAD)-2012-4-177
HIGH COURT OF MADRAS
Decided on April 20,2012

R. Kalimuthu Appellant
VERSUS
DISTRICT COLLECTOR, RAMANATHAPURAM Respondents

JUDGEMENT

R.BANUMATHI, J. - (1.) IN this Writ Petition, the Petitioner seeks a Writ of Mandamus, directing the Respondents to disburse the sanctioned amount under "Payir Kaappeettu Thittam" to the real eligible persons and also to recover the amount paid to fictitious persons by Respondents 5 to 7 and to take action for the alleged misappropriation of funds allotted to the beneficiaries under the Scheme of "Payir Kaappeettu Thittam", granted by the Government of Tamil Nadu in A.Punavasal Village, Kadaladi Taluk, Ramanathapuram District, by considering the Petitioner's representation, dated 06.06.2011.
(2.) IN the affidavit filed in support of the Writ Petition, the Petitioner has alleged that in disbursement of Insurance Amount granted by the Government as compensation under "Payir Kaappeettu Thittam" in A.Punavasal Village, there had been several irregularities and illegalities committed by Respondents 5 to 7. In this regard, the Petitioner is said to have sent a representation on 06.06.2011, bringing it to the notice of the authorities about the alleged irregularities and illegalities. We have heard Mr.A.Haja Mohideen, learned counsel appearing for the Petitioner and Mr.M.Govindan, learned Special Government Pleader, who has taken notice on behalf of Respondents 1 to 4.
(3.) LEARNED Special Government Pleader has produced a detailed report filed by the 2nd Respondent - The Joint Registrar of Co-operative Societies, Ramanathapuram. The Report filed by the 2nd Respondent clearly elaborates upon the various steps taken in respect of the infirmities committed and also in rectifying the same. We may usefully extract relevant portion of the Report filed by the 2nd Respondent, which reads as under: "i) The Agriculture crop insurance scheme is implemented by the state for the benefit of Agriculturalist and it is funded by Agriculture Insurance Corporation of India. The persons who are eligible under the scheme is decided by "Crop Cutting Scheme". ii) The 5th Respondent is responsible official who is incharge of enlisting the beneficiaries on the basis of the guidelines issued by the Agriculture Insurance Corporation of India. The list will be finalized on the basis of revenue records of the concerned Village Administrative Officer. iii) In the above issue the 5th Respondent enlisted the beneficiaries on the basis of revenue records furnished by one Saravanan, VAO of Aapanur Firka, Kadaladi Taluk and approved the list of 701 persons who were eligible for the relief under "Agriculture Insurance Scheme". iv) On receiving information from the reliable sources regarding the infirmities in the above list, the 1st respondent formed a special committee consisting of Respondent 4, Agriculture Officer and Co-operative Sub Registrar to investigate the infirmities and submit a fresh list of beneficiaries who are eligible under "Agriculture Insurance Scheme". Thereby the Special Committee forwarded a fresh list of 593 persons who were eligible under "Agriculture Insurance Scheme" and deleted 108 persons from the previous list of 701 persons. v) Due to the infirmities in the 1st list, the 5th Respondent and Saravanan VAO, who were negligent and responsible for the above infirmities, were suspended from service and necessary disciplinary action was taken against them. vi) As per the recommendations of the Special Committee 593 persons were selected as eligible persons under "Agriculture Insurance Scheme". A sum of Rs.1,31,62,659.00 was allotted to the above 593 persons for Crop Insurance under "Agriculture Insurance Scheme". Till dated 537 persons have been disbursed with an amount of Rs.1,09,30.940.00 in total by way of cheque. It is pertinent to note that the 2nd Respondent formed a separate Committee consisting of 3 co-operative Sub Registrars to look after the disbursement of the cheques under the "Agriculture Insurance Scheme". The committee disbursed the amount only to the beneficiaries after verifying this (their) IDs so as to avoid future dispute and took all precautionary measures to disburse the amount in a fair and legal manner. ..... ..... ..... ix) I humbly deny the allegation that this Respondent granted compensation under "Agriculture Insurance Scheme" to fictitious persons and swindled the Government many (money). The above allegation is totally false and cannot be accepted. This Respondent granted compensation only to genuine beneficiaries who were selected by the Special Committee formed by 1st Respondent. ;


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