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Madras High Court

S.Pandeeswari vs The District Collector on 22 February, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                          W.P.(MD)No.3590 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED:22.02.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                            W.P.(MD)No.3590 of 2023
                     S.Pandeeswari                                        ... Petitioner
                                                         Vs.
                     1.The District Collector,
                       Collectorate Buildings,
                       Sivaganga,
                       Sivaganga District.

                     2.The Assistant Director of Town Panchayaths,
                       Collectorate Buildings,
                       Sivaganga,
                       Sivaganga District.

                     3.The Branch Manager,
                       United India Insurance Company Limited.,
                       89/146, Justice Rajasekaran Road,
                       Below CADD Centre,
                       Near Aranmanai Vasaal,
                       Sivaganga,
                       Sivaganga District – 630 561.

                     4.The United India Insurance Com., Ltd.,
                       Rep. by its Senior Divisional Manager,
                       Divisional Office VI,
                       5th Floor, P.L.A., Rathana Towers,
                       No.212, Anna Salai,
                       Chennai – 6                                   ... Respondents
                     (R-4 is suo-motu impleaded as per order
                     dated 22.02.2023 by MDIJ)


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                                                                             W.P.(MD)No.3590 of 2023


                     Prayer:Writ Petition is filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to
                     take effective steps for the settlement of bill amount of Rs.1,19,046/-
                     (Rupees one Lakh nineteen thousand and forty six only) with interest
                     from the third respondent, which was incurred by the petitioner in the
                     Jeevan Hospital for the accidental fall of her husband Subramani and the
                     treatment taken for him and settle the same by considering the
                     representation of the petitioner, dated 16.08.2022, within a time frame
                     fixed by this Court.
                                       For Petitioner        : Mr.S.Karthikeyan
                                       For R1 & R2          : Mrs.K.Christy Theborl,
                                                            Additional Government Pleader
                                       For R3 & R-4         : Mr.A.Shajahan

                                                        ORDER

This writ petition has been filed for a direction to the respondents 1 and 2, to take effective steps for the settlement of bill amount of Rs.1,19,046/-(Rupees one Lakh nineteen thousand and forty six only) with interest from the third respondent, which was incurred by the petitioner in the Jeevan Hospital for the accidental fall of her husband Subramani and the treatment taken for him and settle the same by considering the representation of the petitioner, dated 16.08.2022, within a stipulated period.

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2. The case of the petitioner is that she is a Government Employee working as a Junior Engineer of Town Panchayats. She has been issued with membership card by the Government of Tamil Nadu New Health Insurance Scheme 2014. While being so, for the fracture sustained by the husband of the petitioner, she spent a sum of Rs.1,19,046/-. Subsequently, the petitioner has made a representation before the respondents on 16.08.2022, requesting to reimburse the amount spent by her. The said representation was not considered so far. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned standing counsel appearing for the Insurance Company would submit that the fourth respondent is the competent authority to consider the claim of the petitioner.

4. The learned counsel appearing for the petitioner would submit that it would suffice, if the fourth respondent is directed to dispose of the representation of the petitioner, dated 16.08.2022, on merits and in accordance with law, within a specified period. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3590 of 2023

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the fourth respondent to consider the petitioner's representation, dated 16.08.2022 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

22.02.2023 PM NCC:Yes/No Index:Yes/No To

1.The District Collector, Collectorate Buildings, Sivaganga, Sivaganga District.

2.The Assistant Director of Town Panchayaths, Collectorate Buildings, Sivaganga, Sivaganga District.

M.DHANDAPANI,J.

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