R.Vimala, W/O.K.Jaganathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD) Nos.8458 & 8459 of 2016 R.Vimala ... Petitioner -vs1.The State of Tamil Nadu rep.by its Additional Chief Secretary Secretariat Fort St.George, Chennai-9 2.The Principal Secretary to the Government Finance Department Secretariat Fort St.George, Chennai-9 3.The Principal Secretary to the Government Department of Health and Family Welfare Secretariat Fort St.George Chennai-9 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a

writ of certiorarified mandamus to call for the records of the impugned order in G.O.Ms.No.139, Finance (Salaries) Department, dated 27.04.2012 on the file of the Respondent No.2 and the consequential impugned order in G.O.No.169 dated 09.06.2016 on the file of the Respondent No.1 and quash the same as illegal in respect of Point No.3 (c) and Point No.7 (ii) of the Impugned Government Orders respectively and consequently for a direction directing the respondents to implement the New Health Insurance Scheme by the State Government itself without assigning the same to Public Sector Health Insurance Companies or in the alternative to strictly implement the New Health Insurance Scheme as a "Cash Less Scheme" in all the hospitals throughout the State of Tamil Nadu by preventing the demand of medical expenses at the time of admission in the Hospitals from the beneficiaries within the time period stipulated by this Court.

For Petitioner :

Mr.Mahaboob Fazil for M/s.T.Lajapathi Roy & Associates For Respondents :

Mr.P.S.Raman Advocate General assisted by Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Counsel for petitioner states that the Government has framed a new Scheme and therefore, leave be given to withdraw the petition with liberty to approach the Government.

2. Writ petition is dismissed as withdrawn.

3. We clarify that we have expressed no opinion on the Scheme or the applicability thereof to the petitioner.

4. There shall be no order as to costs. Consequently, interim applications stand dismissed.

[K.R.SHRIRAM., C.J.] [V.LAKSHMINARAYANAN, J.] 13.02.2025 NCC : Yes / No Index : Yes / No krk

To:

1.The Additional Chief Secretary, Secretariat, State of Tamil Nadu, Fort St.George, Chennai-9.

2.The Principal Secretary to the Government, Finance Department, Secretariat, Fort St.George, Chennai-9.

3.The Principal Secretary to the Government, Department of Health and Family Welfare, Secretariat, Fort St.George, Chennai-9.

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J.

krk and M.P.(MD) Nos.8458 & 8459 of 2016 13.02.2025