The court disposed of a writ petition seeking interest on belated medical reimbursement. It held that since the previous order granting discharge did not provide interest and addressed the finality of its decision, the fresh petition for interest was barred under res judicata, resulting in no order.
none; WP disposed of with no order; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:05.10.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE,CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
WP NO.21494 OF 2021
V.Shanthi ... Petitioner
-vs-
1 Government of Tamil Nadu,
Rep by the Principal Secretary to Government,
Finance Department, Secretariat, Chennai-600 009.
2 The Registrar General, Madras High Court, Chennai-600 104.
6 The Assistant Registrar (Admn.III), High Court of Madras, Chennai-600 104. ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to grant interest at 6% for belated payment of Rs.4,52,432/-towards Medical Reimbursement of the petitioner's husband in pursuant to the order dated 28.6.2021 in W.P.No.10167 / 2021 filed by the petitioner from 1.3.2013 onwards till the date of payment within a limited time frame.
For the Petitioner : Mr.J.Muthukumaran For the Respondents : Mr.P.Muthukumar, State Government Pleader for R-1
: Mr.S.Thangavel, for RR 2, 3 and 6
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The grievance of the writ petitioner is that the reimbursement due on account of the medical expenses incurred for the petitioner's deceased husband came at a belated stage and the petitioner had to institute a previous writ petition before the money was released.
Accordingly, WP No.21494 of 2021 is disposed of without any order since the order requiring the payment to be made over to the petitioner did not provide for any interest and the prayer for interest is deemed to have been declined thereby. There will be no order as to costs.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
sra
To:
| 1 |
The Principal Secretary to Government, Finance Department, Secretariat, Chennai-600 009. |
|---|---|
| 2 |
The Registrar General, Madras High Court, Chennai-600 104. |
| 3 |
The Principal District Judge, Krishnagiri, Krishnagiri District. |
| 4 |
The Director of Medical and Rural Health Services, Chennai-600 006. |
| 5 |
The Commissioner of Treasuries and Accounts, Chennai-600 035. |
| 6 |
The Assistant Registrar (Admn.III), High Court of Madras, Chennai-600 104. |
| +1cc +1cc +1cc |
to Mr.S.Thangavel,Advocate, S.R.No.52061 to Mr.J.Muthukumaran, Advocate, S.R.No.51884 to Government Pleader, SR.NO.52056 (26/10/2021) |
WP No.21494 of 2021
PPA(CO) PM/12/10/2021
2 issues framed by the court
Whether a subsequent writ petition can be entertained to grant interest on a reimbursement amount when a previous order already disposed of the claim without specifying interest.
Whether the principle of res judicata bars a renewed prayer for interest made in a fresh writ petition after a final order.
Shanthi
Government of Tamil Nadu
The Registrar General, Madras High Court
The Principal District Judge, Krishnagiri
The Director of Medical and Rural Health Services
The Commissioner of Treasuries and Accounts
SR. BANERJEE
PD. AUDIKESAVALARU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
