Madras High Court
M.Balachandran vs The Commissioner on 18 February, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.4212 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.4212 of 2025
M.Balachandran ... Petitioner
Vs.
1.The Commissioner,
Treasury and Accounts,
Perasiriya Anbalagan Maligai,
Annasalai, Nanthanam,
Chennai.
2.The Director, State Level Empower Committee,
Perasiriya Anbalagan Maligai,
Annasalai, Nanthanam,
Chennai.
3.The Treasury Officer,
District Treasury,
Pudukkottai.
4.The Dean,
Medical College Hospital,
Pudukkottai.
5.The Manager,
United India Insurance Company,
Pudukkottai. ... Respondents
1/6
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W.P.(MD)No.4212 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to
expedite the petitioner's appeal in R.C.No.CTA/645/PNHIS – 3/2024 on the file
of the second respondent within the time frame fixed by this Court.
For Petitioner : Mr.A.Aruljenifer
M/s.KBS Law Office
For R1 to R4 : Mr.P.Subbaraj
Special Government Pleader
For R5 : Mr.I.Robert Chandra Kumar
ORDER
Heard the learned counsel for the petitioner, the learned Special
Government Pleader for the respondents 1 to 4 and the learned counsel for the
fifth respondent.
2. The case of the petitioner is that the petitioner is a retired Sub
Inspector of Police. He had subscribed medical insurance scheme under the fifth
respondent. The wife of the petitioner suffered with some health problems and
she took treatment in Kerala Ayurveda Hospital, Tiruchirappalli from
06.04.2022 to 27.04.2022. For the said treatment, the petitioner spent
Rs.1,00,536/- towards medical expenditure. The petitioner submitted claim
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before the District Level Empower Committee for reimbursement of the medical
expenses incurred by him. The claim of the petitioner was rejected by the
District Level Empower Committee on the ground that the petitioner's wife took
treatment in non-network hospital. Against the said order, the petitioner filed
writ petition in W.P(MD)No.22960 of 2022 and the same was disposed of by
this Court vide order dated 04.06.2024 to approach the State Level Empower
Committee. Accordingly, the petitioner preferred an appeal before the State
Level Empower Committee i.e.,second respondent herein on 25.10.2024. The
said appeal was admitted on 25.10.2024 but there is no progress to dispose of
the same. Aggrieved by the inaction of the second respondent in disposing the
appeal, the petitioner has constrained to file the present writ petition.
3. Having heard the submissions of the respective learned counsels and
on careful perusal of the materials available on record, it appears that the only
grievance of the petitioner raised in the writ petition is against the inaction of
the State Level Empower Committee i.e.,second respondent herein in
considering and disposing of the appeal filed by the petitioner, dated
25.10.2024 against the order of the District Level Empower Committee.
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4. As already appeal is pending before the State Level Empower
Committee, in our considered view, it is appropriate and reasonable to dispose
of the writ petition at the admission stage with the consent of both parties
without going into the merits of the case with a direction to the State Level
Empower Committee i.e.,second respondent herein to dispose of the appeal filed
by the petitioner on 25.10.2024 by following due process of law within a
stipulated time to meet the ends of justice.
5. Accordingly, this writ petition is disposed of with a direction to the
State Level Empower Committee i.e.,second respondent herein to dispose of the
appeal filed by the petitioner on 25.10.2024 by following due process of law
and taking into consideration of the orders and judgments rendered by this
Court in medical insurance scheme cases within a period of four weeks from the
date of receipt of a copy of this order. The petitioner is permitted to produce the
copy of the orders passed in identical matters by this Court before the State
Level Empower Committee. No costs.
18.02.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Sn
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To:
1.The Commissioner,
Treasury and Accounts,
Perasiriya Anbalagan Maligai,
Annasalai, Nanthanam,
Chennai.
2.The Director, State Level Empower Committee,
Perasiriya Anbalagan Maligai,
Annasalai, Nanthanam,
Chennai.
3.The Treasury Officer,
District Treasury,
Pudukkottai.
4.The Dean,
Medical College Hospital,
Pudukkottai.
5.The Manager,
United India Insurance Company,
Pudukkottai.
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BATTU DEVANAND, J.
Sn
18.02.2025
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