Nagarajan V v. The State Level Empowered Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.15860 of 2025 V.Nagarajan ... Petitioner -vs1. The State Level Empowered Committee, Represented by its Commissioner, Medical and Rural Health Service, DMS Compound, Chennai.

2. The Government of Tamilnadu, Represented by its Secretary Finance (Salaries) Department, Fort Saint George, Chennai.

3. The Director of Medical And Rural Health, DMS Compound, Chennai.

4. The District Collector, Ramanathapuram District, Ramanathapuram.

5. MD India Health Insurance TPA Private Limited, No.117, Ground Floor, Delta Wing, Raheja Towers, Unit 005, Beside LIC, Chennai.

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6. United India Insurance Company Limited, Represented by its Divisional Manager, LBo-010600, 134, IDBI Bank (Back Side), Siling Building, Greams Road, Chennai - 600 006.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to disburse remaining balance amount of Rs.3,27,818/- as medical reimbursement by considering the petitioner's representation dated 22.04.2025. For Petitioner : Mr.R.Manoj For Respondents : Mr.S.R.A.Ramachandhran (R1 to R4) Additional Government Pleader Mr.I.Robert Chandra Kumar (R6)

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to disburse remaining balance amount of Rs.3,27,818/- as medical reimbursement by considering the petitioner's representation dated 22.04.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with. 2/5

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though larger relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the appeal filed by the petitioner which is pending before the first respondent, is disposed of in accordance with law.

4. It is needless to point out that whenever an appeal / representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. Considering the facts and circumstances of this case, this Court directs the first respondent to dispose of the appeal filed by the petitioner, which is pending before the first respondent, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of 3/5

this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 17.06.2025 NCC : Yes/No Index : Yes / No sm 4/5

VIVEK KUMAR SINGH, J.

sm TO:-

1. The State Level Empowered Committee, Represented by its Commissioner, Medical and Rural Health Service, DMS Compound, Chennai.

2. The Government of Tamilnadu, Represented by its Secretary Finance (Salaries) Department, Fort Saint George, Chennai.

3. The Director of Medical And Rural Health, DMS Compound, Chennai.

4. The District Collector, Ramanathapuram District, Ramanathapuram.

Order made in W.P.(MD)No.15860 of 2025 Dated:

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