B.Nagarajan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE JUSTICE BATTU DEVANAND Writ Petition No.12351 of 2018 B.Nagarajan ..Petitioner vs.

1.The Government of Tamilnadu, rep. by the Principal Secretary to Government, Finance(Pension) Department, Secretariat, Fort St. George, Chennai.

2.The Government of Tamilnadu, rep. by the Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai.

3.The Director of Treasuries and Accounts, Nandanam, Chennai 4.The Director of Medical and Rural Health, DMS Compound, Chennai-6

5. MD India Health Care Services(TPA), 27, Lakshmi Tower, 3rd Floor, Dr. Radhakrishnan Salai, Mylapore, Chennai-600 004 ... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 2 to 4 to sanction and reimburse the Medical expenses incurred by the petitioner for his treatment for a sum of Rs.1,66,120/- with 12% interest from the date of remittance to the hospital till the date of payment as that may be stipulated by this Court.

For Petitioner : N.Umapathi For Respondents : Mr.V.Jeeva Giridharan, AGP for RR1, 2 & 4

O R D E R

This Writ Petition has been filed seeking for issuance of a Mandamus, to direct the respondents 2 to 4 to sanction and reimburse the Medical expenses incurred by the petitioner for his treatment for a sum of Rs.1,66,120/- with 12% interest from the date of remittance to the hospital till the date of payment, within a stipulated period.

2. In the counter affidavit filed by the third respondent, it is averred at para.9 as extracted herein under:

9.In this regard, it is submitted that on receipt of reimbursement claim of the petitioner, the same was placed for the decision of the District Level Empowered Committee and the same was examined by the Committee and recommended the case of the petitioner for the payment of the eligible amount by the United India Insurance Company. The Insurance Company also examined the relevant original medical records, 2/4

discharge summery, cash receipt, bank details etc., of the petitioner, after obtaining the same from the petitioner, had disbursed an eligible amount of Rs.1,26,242/- by a cheque no.945704 of IDBI Bank Cheque dated 25.07.2018''.

3.In view of the same, learned counsel on either side submitted that the amount for which, the petitioner is eligible has been disbursed to the petitioner and as such, no further adjudication is required in this Writ Petition.

4.Considering the contentions of the learned counsel on either side, this Writ Petition is dismissed as infructuous. No costs.

16.08.2024 Index : Yes/No Speaking order:Yes/No dn BATTU DEVANAND, J dn 3/4

To 1.The Government of Tamilnadu, rep. by the Principal Secretary to Government, Finance(Pension) Department, Secretariat, Fort St. George, Chennai.

2.The Government of Tamilnadu, rep. by the Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai.

3.The Director of Treasuries and Accounts, Nandanam, Chennai 4.The Director of Medical and Rural Health, DMS Compound, Chennai-6 Writ Petition No.12351 of 2018 16.08.2024 4/4