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Madras High CourtWP(MD)/18203/2019disposed of

P. Sornappa v. The District Collector

2019-08-22Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR P. Sornappa .. Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Treasury Officer, District Treasury Officer, Nagercoil, Kanyakumari District.

3. The United India Insurance Company Limited, rep. by its the General Manager, Divisional Officer VI, PLA Rathna Towers, 5th Floor, 212, Anna Salai, Chennai - 600 006.

4.Vasantham Health Centre (P) Ltd., Dennison Road, rep by Chairman, Nagercoil - 629 001, Kanyakumari Dist.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to sanction the remaining medical reimbursement amount of Rs.86,116/- (Rupees Eighty Six Thousand one Hundred and Sixteen Only) to the petitioner based on the petitioner's representation dated 29.07.2019, within a stipulated time fixed by this Court.

For Petitioner : Mr.A. Rajaram For R1 & R2 : Mr.M. Pandiyarajan Additional Government Pleader.

For R3 : Mr. A. Shajahan Standing Counsel 1/3

ORDER

This Writ Petition has been filed for issuing a direction to the respondents 1 and 2 to sanction the remaining medical reimbursement amount of Rs.86,116/- (Rupees Eighty Six Thousand one Hundred and Sixteen Only) to the petitioner based on his representation, dated 29.07.2019, within a time frame to be fixed by this Court.

2. Mr.M. Pandiarajan, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr. A. Shajahan, learned Standing Counsel takes notice for 3rd respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, he is a retired pensioner and he is a regular member of Tamil Nadu Government New Health Insurance Scheme from the date of announcement to till date. He was admitted in the 4th respondent hospital for his ailment Cardiac arrest on 18.09.2017 and the surgery was done on 18.9.2017 and thereafter, he had been discharged from the hospital on 21.09.2017 and incurred expenditure to the tune of Rs.2,14,516/-. The 2nd respondent has sanctioned only a sum of Rs.1,28,400/-. The remaining amount of Rs.86,116/- is neither sanctioned nor received by the petitioner, hence, he has filed the present Writ Petition before this Court.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the claim of the petitioner shall be considered by the District Level Committee or the State Level Committee as per the Government orders, if the petitioner is otherwise eligible for the balance claim of medical reimbursement and the decision will be communicated by the first respondent.

5. In the light of the above said submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the representation of the petitioner dated 29.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar 2/3

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Treasury Officer, District Treasury Officer, Nagercoil, Kanyakumari District.

3. The General Manager, The United India Insurance Company Limited, Divisional Officer VI, PLA Rathna Towers, 5th Floor, 212, Anna Salai, Chennai - 600 006.

+1 CC to M/s.A. RAJARAM, Advocate ( SR-82915[F] dated 22/08/2019 ) +1 CC to M/s.SPL GP ( SR-83339[F] dated 26/08/2019 ) +1 CC to M/s.A. SHAJAHAN, Advocate ( SR-83383[F] dated 26/08/2019 ) 22.08.2019 TRP MS/18.09.2019/3P.7C 3/3