Santhi v. The Joint Director Of Medical And Rural

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.17269 of 2022 Santhi ... Petitioner Vs.

1.The Joint Director of Medical and Rural, Health Services and Family Welfare, Virudhunagar District - 626 011.

2.The Commissioner, Department of Treasuries and Accounts, Anna Salai, Nanthanam, Chennai - 600 035.

3.M/s.United India Insurance Company Limited, Represented by Senior Divisional Manager, Divisional Office VI, PLA Rathna Towers, 5th Floor, Anna Salai, Chennai - 600 006.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for entire records in respect of proceeding in Na.Ka.No.4996/ma.ku/2021 dated 28.04.2022 and quash the same and consequently direct the third respondent to grant reimbursement of Rs.76,155/- towards medical expenses incurred for the treatment / surgery of petitioner's son G.Vignesh Raja together with interest at the rate of 12% per annum for delayed payment and to disburse the same respectively within a time stipulation by this Court.

For Petitioner : Mr.P.Karthick For Respondents : Mr.J.Ashok - for R.1 & R.2 Additional Government Pleader Mr.C.Karthik for R.3

ORDER

The present writ petition has been filed seeking a Writ of Certiorarified Mandamus, to quash the proceeding in 2/6

Na.Ka.No.4996/ma.ku/2021 dated 28.04.2022 and consequently direct the third respondent to grant reimbursement of Rs.76,155/- towards medical expenses incurred for the treatment / surgery of petitioner's son G.Vignesh Raja together with interest at the rate of 12% per annum for delayed payment and to disburse the same respectively within the time stipulated by this Court.

2. Heard Mr.P.Karthick, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.C.Karthik, learned counsel appearing for the third respondent.

3. The impugned order has been passed in pursuant to the recommendation made by the District Level Empowering Committee. However, the petitioner has got an avenue to make an appeal before the State Level Empowering Committee and has also been informed about the same in the impugned order itself. 3/6

4. Since the petitioner has not filed any appeal before the State Level Empowering Committee by invoking the statutory remedy, the petitioner is directed to file an appeal before the State level Empowering Committee and work out his remedy.

5. With the above direction, the Writ Petition stands disposed of. No costs.

04.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Joint Director of Medical and Rural, Health Services and Family Welfare, Virudhunagar District - 626 011.

2.The Commissioner, Department of Treasuries and Accounts, Anna Salai, Nanthanam, Chennai - 600 035.

3.M/s.United India Insurance Company Limited, Represented by Senior Divisional Manager, Divisional Office VI, PLA Rathna Towers, 5th Floor, Anna Salai, Chennai - 600 006.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.17269 of 2022 Dated:

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