R. GHUNASEKARAN Vs. THE SECRETARY, CO

JUDGEMENT

(1.) The appeal is directed against the impugned order of the learned Single Judge dated 26.08.2016 allowing the writ petition filed by the respondent/original petitioner under Art. 226 of the Constitution of India seeking a direction to the appellants to consider his representation dated 01.08.2016 for waiver of crop loan amount of Rs. 87,000.00 based on G.O.Ms.No.50 (Co-operation, Food and Consumer Protection (CCI) Department) dated 23.05.2016 and G.O.Ms.No.59 (Co-operation, Food and Consumer Protection (CCI) Department) dated 28.06.2016.

(2.) The respondent claimed himself to be a small farmer owning 3 acres of land and thus sought the benefit of the crop loan as per the said Government Orders. It is the case of the respondent that his father owned 11.5 acres of land comprised in S.No.230/1 and 234/1 bearing Patta No.1278 at Kannapalli Village, Anthiyur Taluk, Erode District. On his demise on 15.11.2011, the mother and sister of the respondent, apart from himself became joint owners to the extent of 9 acres of land - 3 acres each, as the father of the respondent had sold 2.5 acres of land on 10.11.2011.

(3.) The respondent obtained crop loans from the 5th appellant and cultivated crop, but due to shortage of rainfall, the cultivation failed and he sustained a loss. He sought waiver under the aforesaid Government Orders, but no action was taken.