P. R. Pandian v. Union of India rep. by its Secretary Department of Agriculture
2014-05-07
K.K.SASIDHARAN, R.SUDHAKAR
body2014
DigiLaw.ai
Judgment : R. Sudhakar, J. 1. 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 ormala 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.