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Madras High CourtWP(MD)/6993/2022allowed

Dr. R. Mathankumar v. The State Of Tamil Nadu

2022-08-29Honourable Mr Justice M.S. Ramesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.6993 of 2022 Dr.R.Mathankumar ... Petitioner /vs./ 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Health and Family Welfare Department, St.George Fort, Chennai 600 009.

2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai 600 010.

3.The Joint Director of Health Services, O/o. the Joint Director of Health Services, Usilampatty, Madurai District.

4.The Dean, Madurai Medical College, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to reimburse a sum of Rs.2,60,000/- for the medical expenses incurred by the petitioner towards 1/4

treatment for "Morbid Obesity" / Mild Obstructive Sleep apnea between 04.01.2019 and 06.01.2019 at GEM Hospital, Coimbatore in light of proposal forwarded by the 4th respondent in his proceedings in Ref.No.4207/E1/2/2021 dated 26.05.2021 within the period that may be stipulated by this Court. For Petitioner : Mr.J.Imran Khan For Respondents : Mr.G.Suriyananth Additional Government Pleader

ORDER

The petitioner's claim for medical reimbursement for the treatment of "Morbid Obesity" / Mild Obstructive Sleep apnea, between 04.01.2019 and 06.01.2019, at GEM Hospital, Coimbatore, has been favourably recommended on 25.08.2021, by the District Level Empowered Committee (hereinafter referred to as "DLEC" for brevity), which is the Committee constituted by the Government headed by the District Collector, having the Joint Director of Medical and Rural Health Services Department, the District Treasury Officer and an official representative of the Insurance Company as members. As per the said proceedings, the petitioner has been given liberty to receive the eligible amount from the fourth respondent herein.

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2.Accordingly, there shall be a direction to the fourth respondent herein, to forthwith pass appropriate orders, disbursing the medi-claim, in accordance with the recommendation of the DLEC, in its proceedings, in Na.ka.No.E5/51096/2016, dated 25.08.2021, within a period of four (4) weeks from the date of receipt of a copy of this order. This Writ Petition stands allowed accordingly. There shall be no order as to costs. 29.08.2022 Index : Yes / No Internet : Yes / No TO:

1.The Secretary to Government, Health and Family Welfare Department, St.George Fort, Chennai 600 009.

2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai 600 010.

3.The Joint Director of Health Services, O/o. the Joint Director of Health Services, Usilampatty, Madurai District.

4.The Dean, Madurai Medical College, Madurai District.

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M.S.RAMESH, J.

Sm Order made in W.P.(MD)No.6993 of 2022 Dated:

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