Kovilpitchai v. the Secretary to Govt. of Tamil Nadu
Case brief
What is this about?
In a writ petition under Article 226 for medical reimbursement, the Madurai Bench of Madras High Court held it inappropriate to grant mandamus directly. The Court advised the petitioner to challenge the rejection order passed by the District Level Empower Committee instead.
What did the court decide?
Writ Petition closed with liberty to challenge the rejection order passed by the District Level Empower Committee.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.1220 of 2020
Kovilpitchai ... Petitioner
/vs./
1.The Secretary to Government of Tamil Nadu Finance (Pension) Department, Secretariat, Fort St.George, Chennai-600 009.
2.The General Manager, United India Insurance Company Ltd., Cilling Building, No.134, Greams Road, Chennai-600 006.
3.The Divisional Manager, United India Insurance Company Ltd., PLA Rathina Tower 5th Street, 5th Floor, 212, Anna Salai, Chennai-600 006.
4.The District Collector, Tirunelveli District, Tirunelveli. 5.The Sub-Treasury Officer, Cheranmahadevi, Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to reimburse the medical claim for a sum of Rs.4,00,000/- together with interest at the rate of 7.5% per annum as per the petitioner's representation dated 21.08.2019.
Issues for consideration
2 issues framed by the court
Whether the High Court can issue a writ of mandamus for medical reimbursement when the claim was rejected by the District Level Empower Committee.
Whether the petitioner's remedy lies in challenging the rejection order of the District Level Empower Committee rather than filing this writ petition.
Parties & counsel
- petitioner
Kovilpitchai
- respondent
Secretary to Government of Tamil Nadu Finance (Pension) Department
- respondent
General Manager, United India Insurance Company Ltd.
- respondent
Divisional Manager, United India Insurance Company Ltd.
- respondent
District Collector, Tirunelveli District
Case details
As recorded by the court registry
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