This common order in two writ petitions filed in Madurai High Court directed under Article 226 regarding COVID-19 treatment costs was disposed of by dismissal as the petitioner in the first case withdrew the petition after recovering funds and the second case as not pressed.
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.
W.P(MD)Nos.19786 of 2020 and 12729 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.06.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P.(MD)Nos.19786 of 2020 and 12729 of 2021 and W.M.P.(MD)No.9915 of 2021
W.P.(MD)No.19786 of 2020
M.Kamala
... Petitioner
Vs.
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W.P(MD)Nos.19786 of 2020 and 12729 of 2021
represented by its Dean, Velammal Village, Anuppanadi, Madurai District – 625009.
... Respondents
PRAYER in W.P.(MD)No.19786 of 2020 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 5 to take immediate action against the 6th respondent for having collected exorbitant amount towards treatment given to the petitioner's husband for treating COVID-19 between 01.07.2020 and 21.07.2020 and to arrange to reimburse the amount collected from her by the 6th respondent after deducting actual cost of the treatment as per the ceiling fixed by the Government in G.O.MS.No.240 Health and Family Welfare (EAPI-1) Department dated 05.06.2020 and also award suitable damages to the petitioner in the form of compensation by considering her representation dated 08.08.2020 within the time that may be fixed by this Court.
For Petitioner : Mr.Chandrasekar for Mr.A.Rahul For R1 to R5 : M/s.K.Christy Theboral Additional Government Pleader For R6 : Mr.L.Shaji Chellan
W.P.(MD)No.12729 of 2021
Velammal Medical College Hospital and Research Institute, represented by its Dean, Velammal Village, Anuppanadi, Madurai District – 625009 ... Petitioner
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Vs.
W.P(MD)Nos.19786 of 2020 and 12729 of 2021
Chennai-06.
PRAYER in W.P.(MD)No.12729 of 2021 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders issued by the first respondent in G.O.(MS)No.240 Health and Family Welfare (EAP I-1) Department, dated 05.06.2020 and G.O.(MS)No.251 Health and Family Welfare (EAP I-1) Department dated 22.05.2021, quash the same and consequently direct the respondents to re-fix the ceiling rates for the treatment of COVID-19 after taking into account of the expenditures incurred by the hospital during the pandemic period for the infrastructure, financial commitments, treatment and other facilities provided as a Super Speciality Hospital to
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W.P(MD)Nos.19786 of 2020 and 12729 of 2021
COVID-19 patients and after consultation with stakeholders in a proper and fair manner.
For Petitioner : Mr.S.Mariappamurali For Respondents : M/s.K.Christy Theboral Additional Government Pleader
COMMON ORDER
The Writ Petition in W.P.(MD)No.19786 of 2020 has been filed for issuance of a Writ of Mandamus to direct the respondents 1 to 5 to take immediate action against the sixth respondent for having collected exorbitant amount towards treatment given to the writ petitioner's husband for treating COVID-19 between 01.07.2020 and 21.07.2020 and to arrange to reimburse the amount collected from the writ petitioner by the sixth respondent after deducting actual cost of the treatment as per the ceiling fixed by the Government in G.O.MS.No.240 Health and Family Welfare (EAPI-1) Department dated 05.06.2020 and also award suitable damages to the writ petitioner in the form of compensation by considering the writ petitioner's representation dated 08.08.2020 within the time that may be fixed by this Court.
W.P(MD)Nos.19786 of 2020 and 12729 of 2021
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W.P(MD)Nos.19786 of 2020 and 12729 of 2021
permitted to withdraw this petition. Accordingly, the writ petition is dismissed as withdrawn. No costs.
for the writ petitioner would submit that in view of the above order passed in W.P.(MD)No.19786 of 2020, he may be permitted to not press this petition. Accordingly, the writ petition is dismissed as not pressed. Consequently, connected Miscellaneous Petition is closed. No costs.
18.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To
Chennai-06.
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W.P(MD)Nos.19786 of 2020 and 12729 of 2021
W.P(MD)Nos.19786 of 2020 and 12729 of 2021
K.MURALI SHANKAR, J
csm
Common Order made in W.P.(MD)Nos.19786 of 2020 and 12729 of 2021 and W.M.P.(MD)No.9915 of 2021
Dated : 18.06.2024
M.Kamala
Velammal Medical College Hospital and Research Institute
The State of Tamil Nadu
Velammal Medical College Hospital and Research Institute
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
