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Madras High CourtWP/26859/2023disposed of

N.Sugumaran v. The Director Of Local Fund Audit

2023-09-14Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.26859 of 2023 & WMP.No.26270 of 2023 N.Sugumaran ... Petitioner Vs

1. The Director of Local Fund Audit Integrated Finance Department, Offices Complex, 4th Floor, No.571, Anna Salai, Nandhanam, Chennai - 600 035.

2. The District Collector, Namakkal, Namakkal District.

3. MD India Health Insurance TPA Pvt. Ltd., Guna Complex, New Door No.445 & 445, Old D.No.304 & 305, Anna Salai, Teynampet, Chennai - 600 018.

... Respondents Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the Order Passed by the third respondent in Ref. No.GTM 1/5

205/ 07/ 2021 dated 19-07-2021 and the order passed by the first respondent dated 30.11.2021 is O.Mu. No. 14793/ Na.O. Va (4) 2021 quash the same and consequentially direct the respondents to pay the medical expenses to a tune of Rs.1,03,377/- with interest to the petitioner as per the recommendation of the director of Social Welfare Na.Ka. No. 438/Thi. Va.2 / 2022 dated 20.06.2022 along with interest. For petitioner : Mr.A.R.Nixon For Respondents : Mr.Azizullakhan Government Advocate - R1 & R2

ORDER

Challenging the impugned Order returning the application filed for reimbursement of medical expenses incurred by the petitioner for the treatment of COVID, this Writ Petition has been filed.

2. It is the case of the writ petitioner that his wife has undergone treatment for COVID and the petitioner has spent a sum Rs.1,03,377/- for treatment of his wife. When the petitioner submitted his claim for reimbursement, the third respondent rejected his claim. The petitioner 2/5

forwarded the reply to the first respondent and to the District Collect and they had also rejected the claim of the petitioner. Hence, the present Writ Petition has been filed.

3. The learned Government Advocate appearing for the respondents on instructions submitted that if a fresh claim is submitted by the petitioner to the Commissioner of Treasuries, the same will be considered as per G.O.Ms.No.165 dated 01.06.2022.

4. In view of the submissions of the learned Government Advocate appearing for the respondents, the petitioner is directed to give a fresh claim to the Commissioner of Treasuries, Chennai within a period of 10 days from the date of receipt of a copy of this Order and the Commissioner of Treasuries and Accounts, shall forward the application along with documents to the United India Insurance Company Limited to reimburse the eligible amount from the Corpus Fund provided by the Government within a period of two months thereafter. 3/5

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.09.2023 Index:Yes/No vrc To,

1. The Director of Local Fund Audit Integrated Finance Department, Offices Complex, 4th Floor, No.571, Anna Salai, Nandhanam, Chennai - 600 035.

2. The District Collector, Namakkal, Namakkal District.

3. MD India Health Insurance TPA Pvt. Ltd., Guna Complex, New Door No.445 & 445, Old D.No.304 & 305, Anna Salai, Teynampet, Chennai - 600 018.

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N.SATHISH KUMAR, J.

vrc WP.No.26859 of 2023 14.09.2023 5/5