Krishnadasan C vs The Additional Chief Secretary
2023 Latest Caselaw 11247 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       WP(C) NO. 20490 OF 2023
PETITIONER:

          KRISHNADASAN C
          AGED 66 YEARS
          S/O. KUNHIRAMA PANICKER, THAZHATHEL HOUSE, KADAMERY P.O
          VILLIAPPALLY, AYENCHERY, KOZHIKODE DISTRICT.
          PIN - 673542

          BY ADVS.
          ANILKUMAR V. (VAZHARAMBIL)
          K.ANIL KUMAR (CHUNAKKARA)




RESPONDENTS:

    1     THE ADDITIONAL CHIEF SECRETARY
          (FINANCE- HEALTH INSURANCE) SECRETARIAT, GOVERNMENT OF
          KERAFA THIRUVANANTHAPURAM, KERALA - 695001

    2     THE REGIONAL MANAGER
          THE ORIENTAL INSURANCE COMPANY LTD
          METRO PALACE, NORTH RAILWAY STATION ROAD, ERNAKULAM
          NORTH, ERAKULAM - 682018

    3     THE GENERAL MANAGER
          SRINILAYA -CYBER SPAZIO, SUITE # 101,102,109 & 110,
          GROUND FLOOR, ROAD NO. 2, BANJARA HILLS, HYDERABAD -
          500034

    4     THE GENERAL MANAGER
          MALABAR INSTITUTE OF MEDICAL SCIENCE LTD (MIMS
          HOSPITAL), MINI BYE PASS ROAD, GOVINDPURAM, KOZHIKODE -
          673016

    5     THE CONVENER ( DISTRICT COLLECTOR)
          GRIEVANCE REDRESSAL COMMITTEE COLLECTORATE, KOZHIKODE
          KOZHIKODE DISTRICT - 673001
 WP(C) NO. 20490 OF 2023           2

             BY ADVS.
             GEORGE A.CHERIAN
             M.K.SUMOD
             VIDYA M.K.
             RAJ CAROLIN V.
             THUSHARA.K
             K.JACOB MATHEW
             SRI.PREMCHAND R. NAIR, SR.GP
             SMT.K.S.SANTHI, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.10.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20490 OF 2023           3


                            T.R. RAVI, J.
            --------------------------------------------
                   W.P.(C)No.20490 of 2023
                --------------------------------------------
           Dated this the 27th day of October, 2023

                           JUDGMENT

The Standing Counsel for the 2 nd respondent submits

that they are yet to receive instructions. This is a case where

the petitioner who is a pensioner had undergone treatment

under the 4th respondent and had made a claim for insurance

cover. The hospital has confirmed the treatment that has

been given and the Government has also approved the

expense for payment as can be seen from Ext.P11. It is seen

that it has been decided to issue necessary direction to the

2nd respondent for granting the benefit of MEDISEP to the

petitioner. In view of the fact that the Government has also

approved the payment, I do not think it is necessary to wait

for any instructions from the 2nd respondent.

The writ petition is disposed of with a direction to the

respondents 1 and 5 to ensure that necessary directions are

issued to the 2nd respondent to make the payment that has

already been approved at the earliest, at any rate, within two

months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 20490/2023

PETITIONER EXHIBITS

Exhibit P1 THE MEDISEP IDENTITY CARD NO. 1440572 DATED NIL ISSUED BY THE SUB TREASURY VADAKARA

Exhibit P2 THE AADAR CARD NO.767076808524 OF VIJAYA T.P ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA DATED NIL

Exhibit P3 THE TRUE COPY OF THE PATIENT BILL SUMMARY 12.03.2023 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF EMAIL FORWARDED BY THE 4TH RESPONDENT HOSPITAL TO THE 3RD RESPONDENT DATED 23.02.2023

Exhibit P5 THE TRUE COPY OF EMAIL FORWARDED BY THE 4TH RESPONDENT HOSPITAL TO THE 3RD RESPONDENT DATED 02.03.2023

Exhibit P6 TRUE COPY OF THE EMAIL FORWARDED BY THE 4TH RESPONDENT HOSPITAL TO THE 3RD RESPONDENT DATED 11.03.2023

Exhibit P7 TRUE COPY OF THE EMAIL FORWARDED BY THE 4TH RESPONDENT HOSPITAL TO THE 3RD RESPONDENT DATED 13.03.2023

Exhibit P8 TRUE COPY OF THE EMAIL FORWARDED BY THE 4TH RESPONDENT HOSPITAL TO THE 3RD RESPONDENT DATED 15.03.2023

Exhibit P9 THE TRUE COPY OF THE GOVERNMENT ORDER (MS) NO.63/2023/FIN DATED 31.03.2023 ISSUED BY THE FINANCE DEPARTMENT OF KERALA

Exhibit P10 THE TRUE COPY OF EMAIL COMPLAINT LODGED BY THE PETITIONER DATED 30.05.2023 ADDRESSED TO THE 5TH RESPONDENT COMMITTEE

Exhibit P11 THE TRUE COPY OF THE DECISION TAKEN BY THE 5TH RESPONDENT COMMITTEE DATED 26.08.2023

RESPONDENT EXHIBITS

EXHIBIT R4(a) TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS BEARING MEETING NO. 2/2017 HELD ON 30/05/2017 OF R4