J.Edward v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21968 of 2025 and W.P.(MD) No.17056 of 2025 J.Edward : Petitioner Vs.

1. The Government of Tamilnadu, Rep. by its Special Secretary Finance (Salaries) Department, Secretariat, Fort St. George, Chennai - 600009.

2. The Treasury Officer, District Huzur Treasury, Tenkasi District, Tenkasi.

3. The Joint Welfare Department, Tenkasi District, Tenkasi.

4. Md. India Health Insurance (Tpa) Private Limited, Raheja Tower, Unit - 005, Delta Wing No. 177, Anna Salai (Beside L.I.C Building), Chennai - 02.

5. The Divisional Manager, United India Insurance Limited, LBO- 010600, No. 134, Silingi Building (Behind IDBI Bank), Greams Road, Chennai - 06.

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6. The Divisional Manager, United India Insurance, Divisional Office, P.L.A. Rathna Towers, 5th Floor, 212, Anna Salai, Chennai - 06.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 6 to pay an amount of Rs. 96,765/- payable to this petitioner by way of reimbursement along with interest at the rate of 12 percent until the payment payable to this petitioner for the treatment of this petitioner's wife Valenteen, within a time frame fixed by this Court. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.S.R.A.Ramachandhran (R1 to R4) Additional Government Pleader Mr.C.Karthick (R5 & R6)

ORDER

This writ petition has been filed seeking a direction to the respondents 1 to 6 to pay an amount of Rs.96,765/- payable to this petitioner by way of reimbursement along with interest at the rate of 12 percent until the payment payable to this petitioner for the treatment of this petitioner's wife Valenteen, within a time frame fixed by this Court. 2/6

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was a government servant and now he is a pensioner. He seeks for medical reimbursement for the treatment taken for his wife. In this regard, the petitioner made several representations to the respondents. Lastly, he sent a representation dated 20.01.2025 to the respondents and the same has also not been considered till date.

4. The learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the representation submitted by the petitioner dated 20.01.2025 is disposed of in accordance with law.

5. It is needless to point out that whenever a 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in 3/6

invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 20.01.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of 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.

7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Special Secretary Finance (Salaries) Department, Secretariat, Fort St. George, Chennai - 600009.

2. The Treasury Officer, District Huzur Treasury, Tenkasi District, Tenkasi.

3. The Joint Welfare Department, Tenkasi District, Tenkasi.

4. Md. India Health Insurance (Tpa) Private Limited, Raheja Tower, Unit - 005, Delta Wing No. 177, Anna Salai (Beside L.I.C Building), Chennai - 02.

5. The Divisional Manager, United India Insurance Limited, LBO- 010600, No. 134, Silingi Building (Behind IDBI Bank), Greams Road, Chennai - 06.

6. The Divisional Manager, United India Insurance, Divisional Office, P.L.A. Rathna Towers, 5th Floor, 212, Anna Salai, Chennai - 06.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.21968 of 2025 12.08.2025 6/6