L.S.Bagavathiammal v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21494 of 2024 L.S.Bagavathiammal ... Petitioner Vs.
1. The State of Tamil Nadu, Represented by its Secretary, The Department of Finance (Health Insurance) Fort St.George, Chennai - 600 009.
2. The District Level Empowerment Committee, Represented by its Chairman (District Collector) Kanyakumari District.
3. The Nodal Officer, United India Insurance Company Limited., No.212, Pala Rathana Towers, 5th Floor, Anna Salai, Chennai - 600 006.
4. The Treasury Officer, District Treasury Office, Nagercoil, Kanyakumari District.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to sanction and reimburse the medical claim of Rs.5,36,823.70/- to the petitioner in the light of the recommendation of the second respondent vide its proceedings in Oo.Mu.No.21977/2015/L2, dated 02.10.2016. For Petitioner : Mr.T.Cibichakraborthy For R1, R2 & R4 : Mr.J.Ashok Additional Government Pleader For R3 : Mr.C.Karthik Standing Counsel
O R D E R
The instant Writ Petition has been filed by the wife of a deceased employee who is covered under the Health Insurance Scheme, seeking a Mandamus directing the respondents to sanction and reimburse the medical claim of Rs.5,36,823.70/- to the petitioner.
2. It could be seen from the records that the District Level Empowerment Committee in their meeting held on 29.12.2015, has recommended the case of the late S.Muthuraj for disbursing a sum of Rs.5,36,823/-. The recommendation has been forwarded by the Treasury 2/6
Office, Nagercoil to the Nodal Officer of United India Insurance Company on 02.02.2016. A reminder letter has also been addressed by the concerned Treasury Officer to the Insurance Company on 22.02.2023.
3. However, the Insurance Company has chosen to address a communication to the writ petitioner on 28.08.2023 seeking a copy of the recommendation of the District Level Empowerment Committee and other documents.
4. The learned counsel appearing for the Insurance Company would contend that after receipt of the documents mentioned in the proceedings dated 28.08.2023, they would release the eligible amount to the writ petitioner.
5. Considering the above said facts, the writ petitioner is directed to directly communicate with the third respondent herein and submit a copy of the DELC recommendation along with other bills, so that, the Insurance Company can take a final call. On receipt of DELC recommendation as well as the bills, the third respondent herein is directed to dispose of the said 3/6
request, within a period of eight weeks from the date of receipt of documents from the petitioner.
6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
26.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6
To
1. The Secretary, The Department of Finance (Health Insurance) Fort St.George, Chennai - 600 009.
2. The Chairman (District Collector) District Level Empowerment Committee, Kanyakumari District.
3. The Nodal Officer, United India Insurance Company Limited., No.212, Pala Rathana Towers, 5th Floor, Anna Salai, Chennai - 600 006.
4. The Treasury Officer, District Treasury Office, Nagercoil, Kanyakumari District.
5/6
R.VIJAYAKUMAR,J.
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