P.Balasubramaniyan v. K.Latha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in W.P.(MD).Nos.9991 to 9994 of 2016 P.Balasubramaniyan ... Petitioner in Cont.P.(MD).

No.1784/2019 T.K.Muralidharan ... Petitioner in Cont.P.(MD).

No.1785/2019 S.Alagar ... Petitioner in Cont.P.(MD).

No.1787/2019 C.Rayappan ... Petitioner in Cont.P.(MD).

No.1788/2019 Vs.

Dr.K.Latha, M.B.B.S., M.S., The Joint Director, Medical and Rural Health Services Department, Madurai District Headquarters, Usilampatti, Madurai District.

... Respondent in all Cont.Ps.

Prayer:Contempt Petitions are filed under Section 11 of the Contempt of Court Act, 1971, to punish the Contemnor/third respondent for his wilful disobedience in non-compliance of the order of this Court in W.P.(MD).Nos.9991 to 9994 of 2016, dated 15.11.2018. Prayer in WP(MD). 9991/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to reimburse the medical expenses amount of Rs.1,42,845/- to petitioner which was paid by him to the approved Hospital under the New Health Insurance Scheme, 2012 for his surgery for coronary artery disease covered under G.O.Ms.No.243 Finance (Salaries) Department dated 29.06.2012 based on the recommendation of the 2nd respondent to the 3rd respondent by letter dated 28.01.2016 within the stipulated period s directed by this Honourable Court.

Prayer in WP(MD). 9992/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to reimburse the medical expenses amount of Rs.47,700/- to petitioner which was paid by him to the approval Hospital under the New Health Insurance Scheme 2012 for his surgery for coronary artery disease covered under G.O.Ms.No.243 Finance (Salaries) Department dated 29.06.2012 based on the 1/3

recommendation of the 2nd respondent to the 3rd respondent by letter dt.28.01.2016 within the stipulated period.

Prayer in WP(MD). 9993/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to reimburse the medical expenses amount of Rs.60,828/- to petitioner which was paid by him to the approved Hospital under the New Health Insurance Scheme, 2012 for his surgery for coronary artery disease covered under G.O.Ms.No.243 Finance (Salaries) Department dated 29.06.2012 based on the recommendation of the 2nd respondent to the 3rd respondent by letter dated 28.01.2016 within the stipulated period s directed by this Honourable Court.

Prayer in WP(MD). 9994/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to reimburse the medical expenses of Rs1,52,201.15 which was paid by petitioner to the approved Hospital under the New Health Insurance Scheme 2012 for his treatment of accidental injuries which is covered by G.O.Ms.No.243 Finance (Salaries) Department dated 29.06.2012 based on the recommendation of the 2nd respondent to the 3rd respondent by letter dated 28.01.2016 within the stipulated period as directed by the Honble Court.

For Petitioners in all Cont.Ps.

: Mr.A.Haja Mohideen For Respondent in all Cont.Ps.

: Mr.D.Muruganantham Additional Government Pleader C O M M O N O R D E R These Contempt Petitions have been filed alleging disobedience of the order made in W.P.(MD).Nos.9991 to 9994 of 2016, dated 15.11.2018, by the contemnor/third respondent.

2. This Court, by order dated 15.11.2018, directed the third respondent viz., the Joint Director, Medical and Rural Health Services Department, Madurai District Headquarters, Usilampatti, Madurai District, to consider the complaints of the petitioners forwarded by the Assistant Manager, Tamil Nadu State Transport Corporation, vide his Letter dated 28.01.2016 and constitute a committee for them to consider the complaints and pass appropriate orders.

3. The learned counsel appearing for the petitioners would submit that in pursuant to the order, the Committee has processed the petitioners' complaints and paid part of the amount and the 2/3

major amount was not paid. Hence, the petitioners seek remedy with regard to the balance amount.

4. In view of the above, these Contempt Petitions are closed with liberty to the petitioners to work out the remedy, in the manner known to law.

Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) To Dr.K.Latha, M.B.B.S., M.S., The Joint Director, Medical and Rural Health Services Department, Madurai District Headquarters, Usilampatti, Madurai District.

in W.P.(MD).Nos.9991 to 9994 of 2016 23.03.2021 PM(CO) KB(08.04.2021) 3P 2C 3/3