P.Balasaravanan v. P.Akash And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND CONT P NO. 4013 of 2024 P.Balasaravanan S\o. Pasupathiraman, No.49 / 34, Kurunji Street, Besant Nagar, Mayiladuthurai 609 001, Nagapattinam District Petitioner(s) Vs 1.Thiru.P.Akash, The District Collector, District Collectorate, Nagapattinam District-611 003.

2. United India Insurance Co., Ltd., Rep. by its Divisional Manager, Ms.P.Jayamala, PLA Rathna Tower, 5th Floor, 212, Anna Salai, Chennai 600 006

3. The District Level Empowered Committee, Rep by the District Collector, Thiru.P.Akash, Nagapattinam District. Contemnor(s) (R1 is exonerated from this Contempt proceedings as per the order of this Court made in Cont.P No.4013 of 2024 dated 24.01.2025) PRAYER: Contempt Petition filed Under Section 11 of the Contempt of Courts Act, 1971, pleased to punish the respondents for having violated the order passed in WP No.16997 of 2021 dated 07.11.2023.

For Petitioner(s):

Mr.S. Rajasekar For Contemnor(s):

Mr. P. Kumaresan AAG Assisted By Mr.P .Balathandayutham, Learned Special Govt. Pleader for R1 & 3 Mr.P.Athiveera Ramapandiyan for R2

ORDER

This Petition has been filed seeking to punish the respondents for having violated the order passed in WP No.16997 of 2021 dated 07.11.2023. 2.During the course of hearing on 03.06.2025, the respondents 2 & 3 were present before this Court. On their instructions, the learned counsel for the second respondent would submit that all the original documents submitted by the petitioner along with his claim, were forwarded by the third respondent to the second respondent are returned to the third respondent. Unless the original medical bills are produced, the second respondent is not in a position to settle the claim.

On the other hand, on instructions from his clients, the third respondent submitted that originally, while forwarding the claim of the petitioner, the third respondent has forwarded all the original medical bills submitted by the petitioner to the second respondent but the said medical bills are not returned to the third respondent while the claim of the petitioner was rejected by the second respondent. Like this, the respondents 2 and 3 are thrown burden on each other about the original medical bills submitted by the petitioner.

At this stage, to protect the interest of the petitioner, this Court expressed its view that the third respondent can settle the claim of the petitioner and thereafter, they can recover the said amount from the second respondent after resolving the issue between them about the forwarding or returning the original medical bills submitted by the petitioner.

3. In view of the above position, today the learned counsel for the third respondent submits that an amount of Rs.3,30,000/-, which is the outstanding claim of the petitioner has been settled by the third respondent. The learned counsel for the petitioner has also accepted that he received the said amount.

4.In view of the above factual position, in our considered view, no further adjudication is required in this Contempt Petition.

5.Accordingly, this Contempt Petition is closed. However, considering the fact that the third respondent has settled the outstanding amount to the petitioner towards the mediclaim reimbursement, the third respondent is at liberty to proceed against the second respondent to recover the said amount, if they are in a position to prove that they have forwarded the entire original bills submitted by the petitioner alongwith the claim to the second respondent and the said bills are not returned to the third respondent by the second respondent.

10-06-2025 dn

To

1. United India Insurance Co., Ltd., Rep. by its Divisional Manager, Ms.P.Jayamala, PLA Rathna Tower, 5th Floor, 212, Anna Salai, Chennai 600 006

2. The District Level Empowered Committee, Rep by the District Collector, Thiru.P.Akash, Nagapattinam District.

BATTU DEVANAND, J.

dn Cont.P.No.4013 of 2024 10.06.2025