The Madras High Court had observed that non consideration of petitioner’s representation cast duty on the Court to invoke its Jurisdiction to pass appropriate order.
“Non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.”
The above observation was made by the Division-judge bench of Madras High Court, comprising of the Justice M. S. Ramesh while dealing with the Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to pay the claim amount to the insurer which was insured under New Health Insurance Scheme.
Factual Background
The Petitioner had taken life insurance under Medical and Rural Health Services. Once he was ill and undergone for treatment. The Bill of treatment was Rs.1, 13,065/- . The Petitioner made representation before the Respondent to claim the amount which was delayed by the Respondent. Hence this Petition was filed before this Court.
Court Reasoning & Judgment
The Court expressed its disagreement that:
“whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely”.
The Court was also of the opinion that it will not interfere in the merits and claim of the petitioner as:
“Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.”
In furtherance to that, the Court held that:
“there shall be a direction to the first respondent to consider the petitioner's representation dated 24.07.2020 on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.”
Hence, the Bench disposed off the petition and no cost was imposed on it.
Case Details
Case: W.P.(MD) No.5003 of 2021
Petitioner: P.Rajamony
Respondent: The Director, Medical and Rural Health Services, DMS Building, Tenampettai, Chenna.
Counsels for the Petitioner: Mr.M.Natarajan
Counsels for the Respondent : Mr.A.Muthukaruppan
Quorum: Justice M. S. Ramesh
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