M.Nakchatram v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.1092 of 2019 and W.M.P.(MD)No.909 of 2019 M.Nakchatram ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai - 600 005.

3.The Chief Educational Officer, Kanyakumari District at Nagercoil.

4.The District Educational Officer, Nagercoil, Kanyakumari District.

5.The Empowered Committee, represented by the District Collector, Kanyakumari District at Nagercoil.

6.The Managing Director, United India Insurance Company Limited, MDindia Healthcare Services (TPA) Private Limited, No.27, Lakshmi Towers, 3rd Floor, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to disburse a sum of Rs.2,14,226/- (Rupees Two Lakhs Fourteen Thousand Two Hundred and Twenty Six only) towards the medical reimbursement to the petitioner with interest at the rate of 12%.

For Petitioner : Mr.S.Xavier Rajini For R1 to R4 : Mrs.S.Srimathy Special Government Pleader

ORDER

Seeking for a direction to the respondents 1 to 4 to disburse a sum of Rs.2,14,226/- towards medical reimbursement to the petitioner with interest at the rate of 12%, the present writ petition has been filed.

2.Heard the learned Counsel appearing on both sides and perused the materials available on record.

3.According to the petitioner, she being a subscriber under the Government of Tamil Nadu New Health Insurance Scheme, 2014, requesting to reimburse a sum of Rs.2,14,226/- which was spent by her towards medical treatment, sent representations dated 01.08.2018 and 13.12.2018. Since no orders have been passed by the respondents, the petitioner is before this Court.

4.The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the representation of the petitioner would be considered on merits, within the time stipulated by this Court.

5.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents 1 to 4 to consider the petitioner's representations dated 01.08.2018 and 13.12.2018, and pass appropriate orders, on merits and in accordance with law after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. SD ASSISTANT REGISTRAR TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) cmr To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of Elementary Education, College Road, Chennai - 600 005.

3.The Chief Educational Officer, Kanyakumari District at Nagercoil.

4.The District Educational Officer, Nagercoil, Kanyakumari District.

5.The District Collector, The Empowered Committee, Kanyakumari District at Nagercoil.

1CC TO THE SPL GOVT PLEADER SR 54288 1CC TO MR. S. XAVIER RAJINI, ADVOCATE SR 54449 KK 10-4-2019 3P 8C ORDER MADE IN W.P.(MD)No.1092 of 2019 14.03.2019