Roche Antony Minor Raj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA Roche Antony Minor Raj ... Petitioner vs.

1.The District Collector, Tenkasi.

2.The Superintendent of Police, Tenkasi.

3.The Joint Director of Health Services, Department of Health Services, Tirunelveli District.

4.The Authorized Officer (Divisional Manager), United India Insurance Company Limted, Divisional Office VI, PLA Ratna Towers, 5th Floor, 212 Anna Salai, Chennai - 600 006.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order vide Na.Ka.No.5917/ka5/2018 dated 1/5

01/2020 on the file of the third respondent and quash the same as illegal and consequently direct the respondents 2 and 3 to consider the amount of Rs.70,256/- claimed from the Tamil Nadu Police Benevolent Fund (TNPBF) to the petitioner on the basis of the petitioner's representation dated 10.06.2019 within a time frame that may be stipulated by this Court. For Petitioner :

Mr.A.B.Jeeva For Respondents :

Mr.M.Lingadurai, Special Government Pleader for R1 to R3 Mr.C.Karthik for R4

O R D E R

` Heard Mr.A.B.Jeeva, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.C.Karthik, learned counsel appearing for the fourth respondent.

2. The petitioner has filed this writ petition seeking to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order in Na.Ka.No.5917/ka5/2018, dated 01/2020 on the file of the third respondent, quash the same and consequently direct the 2/5

respondents 2 and 3 to consider the his reimbursement claim to the tune of Rs.70,256/- on the basis of his representation dated 10.06.2019.

3. The petitioner who had spent a sum of Rs.70,256/- towards his surgery and treatment for 'non-healing left foot trophic ulcer with contracture band dorsum of foot medical disease' has applied for reimbursement through Tamil Nadu Police Benevolent Fund. But, the third respondent based on the District Level Empowering Committee's report had rejected the claim of the petitioner. Hence, the writ petition.

4. It is learnt that the appropriate remedy available to the petitioner is by way of filing an appeal before the State Level Empowering Committee. However, without exhausting the said remedy, the petitioner has straightaway filed a writ petition before this Court.

5. In view of the same, the writ petition is disposed of and the petitioner is at liberty to file an appeal before the State Level Empowered Committee, if so advised, within a period of two weeks from the date of 3/5

receipt of a copy of this order and workout his remedy there. No costs. 05.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The District Collector, Tenkasi.

2.The Superintendent of Police, Tenkasi.

3.The Joint Director of Health Services, Department of Health Services, Tirunelveli District.

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R.N.MANJULA, J.

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