Subramani A P v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA WP(MD). No.550 of 2024 and WMP(MD) Nos.561 and 562 of 2024 Subramani A P ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Finance Department, St.George Fort, Chennai..

2.The Commissioner of Treasuries, and Accounts,, Integrated Office, Building For the Finance Department, Nandanam, Chennai 600 028.

3. The District Collector,, Karur District, Karur..

4. The Assistant Treasury Officer, District Treasury, Karur District..

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5. United India Insurance Company Ltd, 5th Floor, Pla Rathna Tower, Raja Building, 212, Anna Salai, Chennai 600 006.

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 2nd respondent in his proceedings O.Mu.No. 6300/Pu.Ma.Ka.The-1/2023 dated 13.07.2023 and quash the same as illegal and consequently to direct the respondents to reimburse the medical expenses of sum of Rs. 8,09,000/- (Eight Lakh Nine Thousand Rupees Only) paid by the petitioner for the surgery and medical treatment with 9 percent interest within the time that may be stipulated by this Court. For Petitioner :

Mr.M.Mohammed Zamil for M/s.Ajmal Associates For Respondents :

Mr.J.Ashok for R1 to R4 Government Advocate Mr.I.Robert Chandrakumar for R5 2/6

ORDER

The petitioner has filed this writ petition challenging the impugned order issued by the 2nd respondent in O.Mu.No. 6300/Pu.Ma.Ka.The-1/2023 dated 13.07.2023 and consequently to direct the respondents to reimburse the medical expenses of sum of Rs. 8,09,000/- (Eight Lakh Nine Thousand Rupees Only) paid by the petitioner for the surgery and medical treatment with 9%.

2. Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 to 4 and the learned counsel for the respondent No.5.

3. The learned counsel for the petitioner submitted that the petitioner's claim for medical reimbursement for undergoing surgery for his ear ailment by getting admitted in the MCV Hospital was rejected stating that the treatment has been taken in a non networking hospital and the line of treatment is not covered by the scheme and it is also not emergent one.

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4. The petitioner claims to be the beneficiary of NHIS. Since the order has been passed by the first level authority, the petitioner can invoke the appeal remedy by filing an appeal before the District Level Empowering Committee.

5. In view of the same, this writ petition is disposed of by directing the petitioner to file an appeal before the District Level Empowering Committee within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the District Level Empowering Committee is directed to dispose the same, within a period of four weeks thereafter. No costs. Consequently connected Miscellaneous Petitions are closed.

07.06.2024 RR 4/6

TO

1. The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Finance Department, St. George Fort, Chennai..

2. The Commissioner of Treasuries, and Accounts,, Integrated Office, Building For the Finance Department, Nandanam, Chennai 600 028.

3. The District Collector,, Karur District,Karur..

4. The Assistant Treasury Officer, District Treasury,Karur District..

5. United India Insurance Company, Ltd.,, 5th Floor, Pla Rathna Tower, Raja Building, 212, Anna Salai, Chennai 600 006.

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R.N.MANJULA,J RR

ORDER

IN WP(MD) No.550 of 2024 Date : 07/06/2024 6/6