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2026 DAILYLAW 47772 (MAD)

Santiago Mary S.A v. The Commissioner of Treasuries and Accounts

WP(MD)/16631/2026 · 2026-07-08

Mummineni Sudheer Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No.16631 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2026 CORAM: THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD) No.16631 of 2026 S.A.Santiago Mary ... Petitioner -vs- 1.The Commissioner of Treasuries and Accounts Integrated Office Complex for Finance Department No.571, Anna Salai Nandanam, Chennai-600 035 2.The Divisional Manager United India Insurance Company Ltd., Divisional Office VI Ground Floor, Silingi Building 134, Greams Road Chennai-600 006 3.District Collector Ramanathapuram Ramanathapuram District 4.Joint Director Welfare Service Ramanathapuram Ramanathapuram District ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 5.The Treasury Officer District Treasury Office Ramanathapuram Ramanathapuram District 6.Sub-Treasury Officer Sub-Treasury Office Paramakudi Ramanathapuram District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents herein to disburse forthwith the approved medical claim of the petitioner to the tune of Rs.1,52,814/- without insisting the original medical bills and by accepting the certified duplicate medical bills. For Petitioner : Ms.A.Amala For Respondents : Mrs.K.Porkodi Counsel for the Govt. of Tamil Nadu for R1, R3 to R6 Mr.C.Karthick for R2 O R D E R The petitioner herein, who worked as a Clerk in an Aided School, retired from service on 31.05.2017 and has been drawing pension. Due to her illness, she underwent a surgery on 02.10.2024 at Apollo Speciality Hospital at Madurai and in connection with the same, she incurred expenditures of ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 Rs.1,52,814/-. As the petitioner being a member of the Health Insurance Scheme maintained by the respondents 1, 3 to 6 with the second respondent – Insurance Company, she claims to have made an application for reimbursement of the expenditures incurred by her with all relevant records along with the original medical bills to the sixth respondent on 08.10.2024. Thereafter, it is stated to have been forwarded to the second respondent – Insurance Company vide proceedings dated 15.10.2024. However, the same was returned by the second respondent – Insurance Company on 12.12.2024. Aggrieved by the same, the petitioner sent a grievance petition to the Chief Minister Cell along with the original medical bills on 14.02.2025. The same was, in turn, forwarded to the fifth respondent on 22.08.2025. Accordingly, the fourth respondent herein through proceedings bearing Na.Ka.No. 5575/Pa2/2025, dated 31.12.2025, required the petitioner to appear in the meeting scheduled to be conducted by the District Level Empowered Committee on 07.01.2026 and accordingly, the petitioner appeared in the said meeting. Consequently, the fourth respondent vide proceedings bearing Na.Ka.No.5575/Pa2/2025, dated 13.01.2026, required the petitioner to submit the original medical bills. But, the petitioner expressed her inability to produce the original medical bills, as she misplaced the same. It was thereafter, the fourth respondent vide proceedings dated 11.02.2026 informed ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 the petitioner that without the original medical bills, the claim for reimbursement cannot be processed. However, it was thereafter, the fourth respondent through proceedings bearing Na.Ka.No.5575/Pa2/2025, dated 13.03.2026, recommended for reimbursement of the expenditures incurred by the petitioner to the second respondent. In turn, the second respondent – Insurance Company, through proceedings dated 14.05.2026, required the petitioner to submit the original documents so as to enable the second respondent – Insurance Company to reimburse the expenditures incurred by the petitioner. In the circumstances, the petitioner has approached this Court by filing the present writ petition seeking the relief as noted above contending that all the original medical bills and other documents have been submitted to the Office of the Chief Minister and in turn, the same were forwarded to the fifth respondent and she is not in a position to trace the said documents presently. 2. In response to the notice issued by this Court, the second respondent – Insurance Company entered appearance through it's counsel and contended that in the absence of the original medical bills, it is not possible for the second respondent – Insurance Company to process the claim of the petitioner for reimbursement. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 3. This Court, having taken note of the overall facts and circumstances of the case especially the claim of the petitioner that she has submitted the original medical bills to the Office of the Chief Minister and the same could not be traced presently, is of the considered view that the genuine claim of the petitioner cannot be denied solely on the ground of non- production of the original documents by the petitioner. The insistence for production of the original documents is only with a view to confirm as to whether the petitioner has undergone the treatment in question in the hospital concerned or not and also to avoid duplication of the claim by the petitioner. In the absence of any dispute about the treatment that was undergone by the petitioner in the hospital in question, insistence for production of the original documents, when they were already lost by the petitioner, is nothing but a hyper-technical. In case if there is any dispute about the treatment that was undergone by the petitioner, that is totally different. In the case on hand, there is no dispute with regard to the treatment undergone by the petitioner and the same was certified by the District Level Empowered Committee and the same was recommended by the fourth respondent to the second respondent – Insurance Company as early as early as on 13.03.2026. Therefore, this Court is of the considered view that ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 the second respondent – Insurance Company should process the claim of the petitioner without insisting for the original documents, provided the petitioner is ready and willing to give an undertaking that she will not make any claim for reimbursement of the expenditures incurred by her for the second time. 4. Accordingly, this writ petition is disposed of directing the second respondent – Insurance Company to process the claim of the petitioner for reimbursement of the expenditures incurred by her towards her medical treatment pursuant to the recommendation made by the fourth respondent vide proceedings dated 13.03.2026 and release the eligible amount to her without insisting upon the production of the original documents, as expeditiously, as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this order. No costs. 08.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 To: 1.The Commissioner of Treasuries and Accounts, Integrated Office Complex for Finance Department, No.571, Anna Salai, Nandanam, Chennai-600 035. 2.The District Collector, Ramanathapuram, Ramanathapuram District. 3.The Joint Director Welfare Service, Ramanathapuram, Ramanathapuram District. 4.The Treasury Officer, District Treasury Office, Ramanathapuram, Ramanathapuram District. 5.Sub-Treasury Officer, Sub-Treasury Office, Paramakudi, Ramanathapuram District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.16631 of 2026 MUMMINENI SUDHEER KUMAR, J. krk W.P.(MD) No.16631 of 2026 08.07.2026 ____________ https://www.mhc.tn.gov.in/judis