Veera Singh John Paul v. The Secretary To The Tamil Nadu Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.10367 of 2023 Veera Singh John Paul ... Petitioner Vs.

1.The Secretary to Government, Finance Department, St.George Fort, Chennai.

2.The Director of Medical and Rural Health Services, No.359, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai - 600006.

3.The Treasury Officer, District Treasury Office, Tuticorin District.

4.The Divisional Manager, United India Insurance Company Limited., Divisional Office VI, PLA Rathna Towers, 5th Floor, 212, Anna salai, Chennai - 06.

... Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the fourth respondent to reimburse the sum of Rs.3,75,000/- medical expenses incurred by the petitioner for undergoing treatment and surgery in a network hospital based on the proposal sent by the third respondent in his proceedings Na.ka.No.2357/2022/N2 dated 04.05.2022 within the period that may be stipulated by this Court.

Petitioner : Mr.V.P.Rajan For Respondents : Mr.G.Suriyananth, Additional Government Pleader for R1 to R3 Mr.C.Karthick for R4

ORDER

Heard the learned counsel on either side.

2.The petitioner is a retired government servant. He took treatment in Kauvery Hospital, Chennai for stomach cancer. He seeks reimbursement of the expenses incurred by him. The matter was taken up by the District Level Empowered Committee. It is stated that the petitioner's case was recommended. If the insurance company felt

aggrieved by the decision of the District Level Empowered Committee, it must appeal before the State Level Committee. Till date, no appeal has been filed. Therefore, so long as no appeal has been filed, the recommendation of the District Level Empowered Committee is binding on the insurer.

3.When the matter was taken up for hearing, the learned standing counsel for the insurance company wanted the petitioner to produce certain documents that have been mentioned in the communication dated 21.06.2023. Upon the petitioner submitting the documents before the fourth respondent, the petitioner's application shall be processed and the eligible amount shall be paid to the petitioner within a period of twelve weeks from the date of receipt of copy of this order. 4.This writ petition is allowed accordingly. No costs. 30.06.2023 Index : Yes / No Internet : Yes/ No SKM

To 1.The Secretary to Government, Finance Department, St.George Fort, Chennai.

2.The Director of Medical and Rural Health Services, No.359, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai - 600006.

3.The Treasury Officer, District Treasury Office, Tuticorin District.

G.R.SWAMINATHAN, J.

SKM WP(MD)No.10367 of 2023 30.06.2023