I.S.Badrudeen, v. Registrar Of Cooperative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.4058 of 2018 and WMP.Nos.4984 & 5839 of 2018 I.S.Badrudeen ... Petitioner Vs

1. Registrar of Cooperative Societies, 170, Periyar EVR High Road, Kilpauk, Chennai-600 010.

2. The Project Officer, MD Indian Health Care Services (TPA) Pvt Ltd, Guna complex, New No.443 & 445, Old No.304 & 305, Anna Salai, Teynampet, Chennai-600 018.

3. Circle Deputy Registrar, Dharapuram Circle, Tirupur Region, Tirupur.

4. K.1140 Jallipatti PACCS, Rep.by its,The Chairman/President, Jallipatti (PO), Udumalpet (TK), Tirupur District - 642 112.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or orders or direction particularly in the nature of Writ of Mandamus, directing the second respondent to sanction a sum of Rs.4,31,537 as claimed in the letter dated 17.08.2017.

For Petitioner :Mr.N.Ishtiaq Ahmed For Respondents 1,3&4 : Mr.L.P.Shanmugasundaram Special Government Pleader for R2 : No Appearance

O R D E R

The writ petitioner is an employee of the 4th respondent Cooperative Society which is not a State within a meaning of Article 12 of the Constitution of India.

2. The claim of the writ petitioner is in relation to the medical reimbursement. Undoubtedly, the writ petitioner is a member of the medical group insurance scheme and the insurance scheme is with the 2nd respondent/MD Indian Health Care Services (TPA) Pvt Ltd. On account of the arrangement between the Government and the Insurance Company, Group Insurance Scheme has been introduced and in force.

3. Thus, if at all any lapse or dereliction of duty or negligence is identified, the aggrieved has to approach the Competent Forum for the purpose of adjudicating the issues by producing original documents and by adducing evidences in the manner known to law. In this regard, the writ petitioner is to approach the Competent Forum for the purpose of claiming the medical reimbursement as well as the compensation in the manner known to law.

4. With these observations, the writ petition stands disposed of. No Costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn To

1. Registrar of Cooperative Societies, 170, Periyar EVR High Road, Kilpauk, Chennai-600 010.

2. The Project Officer, MD Indian Health Care Services (TPA) Pvt Ltd, Guna complex, New No.443 & 445, Old No.304 & 305, Anna Salai, Teynampet, Chennai-600 018.

3. Circle Deputy Registrar, Dharapuram Circle, Tirupur Region, Tirupur.

4. The Chairman President, K.1140 Jallipatti PACCS, Jallipatti (PO), Udumalpet (TK), Tirupur District - 642 112.

+1 cc to The Government Pleader, Sr.No.11869 W.P.No.4058 of 2018 CSL/19.03.2019