M.Vishwanathan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).Nos.362 & 976 of 2018 and W.M.P.(MD).Nos.1021 of 2018 M.Vishwanathan
...Petitioner in W.P.(MD).No.362 of 2018
1.M.Vishwanathan 2.V.Dhanamani
...Petitioners in W.P.(MD).No.976 of 2018
Vs.
1.The District Collector, New Collectorate Office, AVP. Alagammal Nagar, Thanjavur-613 010.
2.The Joint Director, Medical and Rural Health Services Department, Thanjavur.
3.United India Insurance Company Private Limited, Registered Head Office, No.24, Whites Road, Chennai.
4.The District Treasury Officer, Treasury and Accounts, District Treasury Officer, Collectorate Campus, Thanjavur District.
5.The Director of Treasuries and Accounts, Chennai.
6.The Commissioner of Treasuries and Accounts, Chennai.
... Respondents in both Petitions (R5 & R6 Suo motu impleaded as per the order of this Court dated 15.02.2018 in W.P.(MD).No.362 of 2018) Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the fourth respondent in Na.Ka.No.16812/2014/I(1) dated 16.08.2017 and quash
the same and consequently directing the respondents to reimburse the medical expenses incurred by the petitioner within a stipulated time.
For Petitioners : Mr.N.GA.Natraj in both petitions For R1, R2, R4, R5 & R6 : Mrs.S.Srimathy Special Government Pleader in W.P.(MD).No.362 of 2018 For R1, R2, R4, R5 & R6 : Mr.K.Saravanan Government Advocate in W.P.(MD).No.976 of 2018 For R3 : Mr.A.Shajahan in both petitions COMMON ORDER Heard Mrs.S.Srimathy, learned Special Government Pleader, appearing for the respondents 1, 2, 4, 5 and 6 in W.P.(MD).No.362 of 2018 and Mr.K.Saravanan, learned Government Advocate, appearing for the respondents 1, 2, 4, 5 and 6 in W.P.(MD).No.976 of 2018 and Mr.A.Shajahan, learned counsel, appearing for the third respondent in both the Writ Petitions.
2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal.
3.The writ petitioners in these Writ Petitions have taken treatment in a non network hospital. Therefore, their claims for medical reimbursement were rejected.
4.It is open to the writ petitioners to move the District Level Empowered Committee. If the petitioners file an application before the said Committee within a period of two weeks from the date of receipt of a copy of this order, the Committee is directed to dispose of the same without any reference to limitation. It is made clear that this Court has not expressed any opinion on the merits of the matter.
4.With this liberty, these Writ Petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The District Collector, New Collectorate Office, AVP. Alagammal Nagar, Thanjavur-613 010.
2.The Joint Director, Medical and Rural Health Services Department, Thanjavur.
3.The District Treasury Officer, Treasury and Accounts, District Treasury Officer, Collectorate Campus, Thanjavur District.
4.The Director of Treasuries and Accounts, Chennai.
5.The Commissioner of Treasuries and Accounts, Chennai.
+2CC to Mr.A.Shajahan, Advocate, SR.Nos. 55461 & 55457 +2CC to Mr.N. Natraj, Advocate, SR.Nos.55813 & 55814 +1CC to the Special Government Pleader SR.No.55991 W.P.(MD).Nos.362 & 976 of 2018 15.03.2018 tsg AM/RSK/SAR 4/22.03.2018/3P/11C