Rosammal.A v. The Secretary To Govt

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.Rosammal ... Petitioner -vs1.The Secretary to Government, (Finance and Pension Department) Secretariate, Fort St. George, Chennai.

2.The Commissioner of Treasuries and Accounts, Integrated Office Complex For Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai - 600 035.

3.The United India Insurance Co. Ltd., Rep. by its Divisional Manager, Divisional Office VI, 5th Floor, P.L.A.Rathna Towers, No.212, Anna Salai, Chennai - 6.

4.The District Level Empowered Committee, Rep by the District Collector, Kanyakumari District, Nagercoil.

5.The District Treasury Officer, The District Treasury Office, Kuzhithurai, Kanyakumari District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to disburse Rs.1,16,039/- spent by the petitioner for the treatment underwent by her husband Chellappan by considering the Petitioner's representation dated 05.02.2021 within a stipulated time fixed by this Honourable Court.

For Petitioner :

Mr.S.C.Herold Singh For RR1, 2, 4 & 5 :

Mr.D.Sadiq Raja, Additional Government Pleader For R3 :

Mr.A.Shajahan ****** 1/3

O R D E R

The relief sought for in the present writ petition is to direct the respondents to disburse a sum of Rs.1,16,039/- spent by the petitioner for the treatment underwent by her husband. 2.The learned counsel for the petitioner made a submission that the husband of the petitioner underwent medical treatment and in this regard, the petitioner approached the respondents by submitting a representation on 05.02.2021. However, the same was not considered. Thus, the petitioner is constrained to move the present writ petition.

3.The learned Additional Government Pleader appearing on behalf of respondents 1, 2, 4 and 5 made a submission that even from the counter filed by the 2nd respondent, the petitioner has not submitted an application in the prescribed format along with the relevant documents enabling the authorities to consider the claim. Therefore, the authorities are unable to consider the application. 4.This being the counter filed by the 2nd respondent, the petitioner is at liberty to submit a fresh application in a prescribed format along with all necessary records and other documents enabling the authorities to consider the claim of the petitioner in accordance with the policy of the Government. In the event of submitting any such application by the petitioner, the same may be considered on merits and in accordance with the scheme as expeditiously as possible.

5.With the above liberty, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) abr To 1.The Secretary to Government, (Finance and Pension Department) Secretariate, Fort St. George, Chennai.

2.The Commissioner of Treasuries and Accounts, Integrated Office Complex For Finance Department, 3rd Floor, Veterinary Hospital Campus, Anna Salai, Chennai - 600 035.

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3.The Divisional Manager, The United India Insurance Co. Ltd., Divisional Office VI, 5th Floor, P.L.A.Rathna Towers, No.212, Anna Salai, Chennai - 6.

4.The District Collector, The District Level Empowered Committee, Kanyakumari District, Nagercoil.

5.The District Treasury Officer, The District Treasury Office, Kuzhithurai, Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-9226[F] dated 01/03/2022 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-9141[F] dated 01/03/2022 ) +1 CC to M/s.A.SHAJAHAN, Advocate ( SR-9351[F] dated 01/03/2022 ) 28.02.2022 MK/08.03.2022/3P/9C 3/3