Madras High Court
P.R.Pandian vs The Union Of India on 7 May, 2014
Bench: R.Sudhakar, K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 7.5.2014
CORAM:
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
AND
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
W.P.No.13401 of 2014
P.R.Pandian ... Petitioner
vs.
1. The Union of India
rep. by its Secretary
Department of Agriculture
Krishi Bhavan
Dr.Rajendra Prasad Road
Central Secretariat
New Delhi 110 001.
2. The Government of Tamil Nadu
rep. by its Principal Secretary
Department of Agriculture
Secretariat, Fort St. George
Chennai 600 009.
3. The Director
Department of Agriculture
Chepauk, Chennai 600 005.
4. The Regional Director
Agriculture Insurance Company of India Ltd.
Old No.156, New No.323
Andhra Insurance Building
Thambu Chetty Street
Chennai 600 001. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to forbear the respondents from privatizing the Modified National Agricultural Insurance Scheme in the State of Tamil Nadu by considering petitioner's representation dated 28.4.2014.
For Petitioner : Mr.M.Guruprasad
For Respondents : Mr.Mohanamurali, SCGSC
for 1st respondent
Mr.R.Vijayakumar
Additional Govt. Pleader
for respondents 2 and 3
ORDER
(Order of this Court was made by R.SUDHAKAR,J.) This writ petition in public interest is filed for issuance of a writ of Mandamus to forbear the respondents from privatizing the Modified National Agricultural Insurance Scheme in the State of Tamil Nadu by considering petitioner's representation dated 28.4.2014.
2. The Government of India had introduced the National Agricultural Insurance Scheme in the year 2000. In the year 2013, it was remodeled as National Crop Insurance Programme with Modified National Agricultural Insurance Scheme. The Government of Tamil Nadu had implemented the Modified National Agricultural Insurance Scheme vide G.O.Ms.No.256, Agriculture (Ap6) Department, dated 30.12.2013. A detailed scheme has been formulated and in furtherance of the said scheme and it appears that tender has been floated.
3. At this stage, an individual has come forward with this public interest litigation alleging that the respondents are attempting to privatize the Agricultural Insurance Scheme by involving private insurance companies and the same would be against the interest of the farmers and the object of the scheme. It is further pleaded that the premium fixed is on the higher side and it will cause hardship to the farmers.
4. Taking a policy decision is in the domain of the executive authority of the State and the Court will not question the efficacy or otherwise of such public policy, so long as the same does not offend any provision of law. The elected democratic Government is at liberty to decide what is best for the benefit of a class of people, namely, farmers. All that the Court should see is that such policy decision should be free from the element of arbitrariness and mala fides and it is not the case of the petitioner that the scheme propounded by the Government is arbitrary or mala fide.
5. For the foregoing reasons, we do not find any merit in this writ petition filed in public interest and accordingly, the same is dismissed. No costs. Consequently, M.P.No.1 of 2014 is closed.
(R.S.J.) (K.S.S.J.)
7.5.2014
Index : Yes
Internet : Yes
sasi
To:
1. The Secretary, Union of India
Department of Agriculture
Krishi Bhavan
Dr.Rajendra Prasad Road
Central Secretariat
New Delhi 110 001.
2. The Principal Secretary
Government of Tamil Nadu
Department of Agriculture
Secretariat, Fort St. George
Chennai 600 009.
3. The Director
Department of Agriculture
Chepauk, Chennai 600 005.
4. The Regional Director
Agriculture Insurance Company of India Ltd.
Old No.156, New No.323
Andhra Insurance Building
Thambu Chetty Street
Chennai 600 001.
R.SUDHAKAR,J.
AND
K.K.SASIDHARAN,J.
(sasi)
W.P.No.13401 of 2014
7.5.2014