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Madras High CourtWP(MD)/45/2023disposed of

Arumugam.K v. The Additional Chief Secretary

2023-01-04Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. (MD) No.45 of 2023 K.Arumugam ... Petitioner Vs.

1.The Additional Chief Secretary, Finance (Health Insurance) Department, Secretariat, Chennai-600 009.

2.The Commissioner of Treasuries and Accounts, 3rd Floor, Anbazhagan Maaligai, 571, Anna Salai, Nandanam, Chennai-600 035.

2.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathina Tower, 212, Anna Salai, Chennai-600 006.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second and third respondents i.e., the Commissioner of Treasuries and Accounts, Chennai and the Divisional Manager, United India Insurance Company Limited, Chennai to make payment of the eligible amount as per the report sent by the Commissioner of Treasuries and Accounts, Chennai in his Rc.No. 25098/NHIS-3/2021, dated 24.01.2022 and in the Letter No. 010600/health/0306-19/2022, dated 03.06.2022 of the Divisional Manager, 1/6

United India Insurance Company Limited, Chennai and the original cash receipts submitted by the petitioner on 17.06.2022 as per G.O.Ms.No.165, Finance (Health Insurance) Department dated 01.06.2022, within a specified time frame, that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For R1 & R2 : Mrs.K.Christy Theboral Additional Government Pleader For R3 : Mr.C.Karthik

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to make payment of the eligible amount, as per the report sent by the Commissioner of Treasuries and Accounts, Chennai, dated 24.01.2022 and the Letter No.010600/health/0306-19/2022, dated 03.06.2022 of the Divisional Manager, United India Insurance Company Limited, Chennai and the original cash receipts submitted by the petitioner on 17.06.2022, as per G.O.Ms.No.165, Finance (Health Insurance) Department dated 01.06.2022.

2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

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3. The case of the petitioner is that he was worked as Headmaster in the Government Adi Dravidar Welfare Higher Secondary School, Mallal, Kalayarkovil Taluk, Sivagangai District and retired from service on 29.02.2020. His wife was suffering from severe fever and hence, she was admitted in Preethi Hospital, Madurai on 15.05.2021 and after taking treatment, she was discharged from the hospital on 24.05.2021. The petitioner has spent a sum of Rs.2,39,979/- towards treatment. The second respondent in his letter dated 24.01.2022, has sent the petitioner's claim petition to the third respondent for necessary action. However, till date the proposal forwarded by the Commissioner was not considered by the third respondent. Hence, the present writ petition has been filed.

4. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the third respondent to pass orders on the second respondent proposal dated 24.01.2022, in terms of Sub Clause 2 of G.O.(Ms.)No.165, Finance (Health Insurance) Department, dated 01.06.2022.

5. Heard Mr.S.Visvalingam, learned counsel for the petitioner, Mrs.K.Christy Theboral, learned Additional Government Pleader, who takes notice for respondents 1 and 2 and Mr.C.Karthik, learned counsel, who takes 3/6

notice for the third respondent.

6. Considering the limited request made by the learned counsel for the petitioner, this Court directs the third respondent to pass orders on the second respondent proposal dated 24.01.2022, in terms of Sub Clause 2 of G.O. (Ms.)No.165, Finance (Health Insurance) Department, dated 01.06.2022, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. 04.01.2023 Index : Yes/No Internet : Yes/No akv To 1.The Additional Chief Secretary, Finance (Health Insurance) Department, Secretariat, Chennai-600 009.

2.The Commissioner of Treasuries and Accounts, 4/6

3rd Floor, Anbazhagan Maaligai, 571, Anna Salai, Nandanam, Chennai-600 035.

3.The Divisional Manager, United India Insurance Company, Divisional Office VI, 5th Floor, PLA Rathina Tower, 212, Anna Salai, Chennai-600 006.

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M.DHANDAPANI, J.

akv Order made in W.P.(MD) No.45 of 2023 04.01.2023 6/6