S.Ananthi v. The Commissioner Of Treasuries And Accounts
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA S.Ananthi ... Petitioner Vs.
1.The Commissioner of Treasuries and Accounts, New Health Insurance Scheme 2014, Integrated Office Complex for Financial Department, Nandanam, Chennai.
2.The Joint Director of Health and Rural Services, Sivagangai, Sivagangai District.
3.The Block Educational Officer, Thiruppuvanam, Sivagangai District.
4.M/s.The United India Insurance Company Ltd., Represented by its Divisional Manager, PLA Rathna Towers, 5th Floor, 212, Anna Salai, Chennai-06.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to reimburse the medical expenses of Rs.3,15,950/- with interest to the petitioner under the Health Insurance Scheme in accordance with G.O.Ms.No.165, Finance (Health Insurance Department) Dated, 01.06.2022 within the time frame fixed by this Court.
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For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.J.Ashok Additional Government Pleader For R4 : Mr.I.Suthakaran
ORDER
Heard Mr.R.J.Karthick, learned counsel for the petitioner, Mr.J.Ashok, learned Additional Government Pleader for the first to third respondents and Mr.I.Suthakaran, learned counsel for the fourth respondent.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3.Since the petitioner's representation dated 07.06.2024 to reimburse the medical expenses of Rs.3,15,950/- with interest to the petitioner under the Health Insurance Scheme, has not been considered, the petitioner has filed this writ petition.
4.It is needless to point out that whenever a representation of this nature is made to a Government Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the 2/5
petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with a direction to consider the representation of the petitioner within a specified time frame.
5.In the light of the above observations, there shall be a direction to the third respondent herein to consider the petitioner's representation dated 07.06.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the respondents to consider the same on its own merits.
6.With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The Commissioner of Treasuries and Accounts, New Health Insurance Scheme 2014, Integrated Office Complex for Financial Department, Nandanam, Chennai.
2.The Joint Director of Health and Rural Services, Sivagangai, Sivagangai District.
3.The Block Educational Officer, Thiruppuvanam, Sivagangai District.
4.M/s.The United India Insurance Company Ltd., Represented by its Divisional Manager, PLA Rathna Towers, 5th Floor, 212, Anna Salai, Chennai-06.
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R.N.MANJULA, J.
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