R.MOHANAM vs THE COMMISSIONER OF

Court
Madras High Court

WP No. 31148 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 31148 of 2023
and
WMP.No.3077 of 2023
R.Mohanam
Assistant Settlement Officer- South (retd.)
Office of the Director of Survey And Settlement,
..Petitioner(s)
Chepauk, Chennai- 005.
Vs
1. The Commissioner of
Treasuries and Accounts,
Perasiriyar K.Anbalagan Maaligai, 3rd Floor,
No.271, Anna Salai, Nandanam,
Chennai- 600 035.
2. The District Level Empowered Committee,
Rep. by the District Collector,
Office of the District Collectorate,
No.62, Rajaji Salai, 4th Floor,
Chennai- 600 001.
3. The Joint Director of Medical and Rural Health
Service
DMS Campus, No.59, Anna Salai, Teynampet,
Chennai- 600 006.
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WP No. 31148 of 2023
4. The United India Insurance Company,
Divisional Office,
No.6, P.N.A. Rathna Towers, 5th Floor,
212, Anna Salai, Chennai-600 006.
..Respondent(s)
Prayer : This writ petition filed under Article 226 of the Constitution of
India to issue a writ of mandamus directing the respondents to consider the
petitioner’s medical reimbursement bill dated 05.09.2022 and pay balance
medical bill amount of a sum of Rs.2,07,320 /- within the time as prescribed by
this Honble Court.
For Petitioner(s): Mr. M.Muthappan
For Respondent(s): Mr. K.K. Ram Siddhartha, AGP,
for R1 to R3
Dr.C.Pavantharman, for R4
ORDER
The present writ petition has been filed seeking a direction to the
respondents to consider the medical reimbursement bill dated 05.09.2022 and
reimburse the medical expenses amounting to Rs.2,07,330/-
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WP No. 31148 of 2023
2. The learned counsel for the petitioner would submit that he is a retired
Government employee and is eligible to avail the Medical Reimbursement
Scheme as provided by the Government of Tamil Nadu. It is his further
submission that he has incurred a sum of Rs.3,13,400/- towards the medical
expenditure. However, the Insurance Company has reimbursed only a sum of
Rs.1,06,080/-.
3. It is further submitted that according to the Scheme provided by the
State of Tamil nadu, the petitioner is entitled to full reimbursement. In this
connection, despite sending various representations, there has been no response.
4. At this juncture, the learned Additional Government Pleader would
contend that in accordance with the scheme, if there is any grievance with
respect to the disbursement, then the person has to approach the District Level
Empowered Committee. In the case in hand, the appropriate remedy available
to the petitioner is to approach the District Level Empowered Committee. He
further submits that if any appeal is filed, the same would be considered within
a reasonable time.
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WP No. 31148 of 2023
5. At this juncture, the learned counsel appearing for the fourth
respondent would invite the attention of this Court to the judgment of the
learned Single Judge of this Court in the case of S.Marimuth and others V. The
Government of Tamil Nadu and others in W.P.(MD) No. 13429 of 2013 and
batch cases , dated 28.05.2019 , which speaks about the medical reimbursement.
6. I have given my anxious consideration to the submissions made on
either side.
7. There are no serious dispute with regard to the entitlement of the
petitioner to be reimbursed. However, the only issue is with regard to the
quantum. According to the petitioner, though he has spent Rs.3,13,400/-, the
amount reimbursed was only Rs.1,06,018/-. In such view of the above factual
position, as rightly contended by the learned Additional Government Pleader,
the appropriate remedy in accordance with the Scheme provided by the State
of Tamilnadu is to approach the District Level Empowered Committee. This
issue has already been elaborately dealt with by the learned Single Judge of this
Court in Marimuthu’s case cited supra.
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WP No. 31148 of 2023
8. In view of the above position of law and the further factual situation
that the petitioner has already preferred an appeal before the second respondent
on 19.10.2023, the second respondent is directed to consider the appeal filed by
the petitioner within a period of eight(8) weeks from the date of receipt of a
copy of this order, on its own merits and in accordance with law. It is made
clear that while disposing the appeal, the authorities are directed to take into
consideration the ratio laid down by this Court in Marimuthu’s case.
9. With the above observations and directions, this writ petition is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
29-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MRP
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WP No. 31148 of 2023
To
1. The Commissioner Of
Treasuries And Accounts, Perasiriyar
K.Anbalagan Maaligai, 3rd Floor, No.271, Anna
Salai, Nandanam, Chennai- 600 035.
2. The District Level Empowered Committee
Rep By The District Collector, Office Of The
District Collectorate, No.62, Rajaji Salai, 4th
Floor, Chennai- 600 001.
3. The Joint Director Of Medical And Rural Health
Service
Dms Campus, No.59, Anna Salai, Teynampet,
Chennai- 600 006.
4. The United India Insurance Company
Divisional Office, No.6, P.N.A. Rathna Towers,
5th Floor, 212, Anna Salai, Chennai-600 006.
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WP No. 31148 of 2023
C.KUMARAPPAN, J.
MRP
WP No. 31148 of 2023
29-10-2026
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