M. Sundareshwari vs The Director of Health Services

M. Venugopal, J.—Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader for the Respondents.

The Petitioner has filed the present Writ of Mandamus praying for passing of an order by this Court in directing the Respondents to issue Cheque in her favour from the name of Proprietor of ''Kayal Pharma Distributors'', Madurai, to an extent of Rs.61,250/-.

According to the Petitioner, her husband supplied Medicines to the 2nd Respondent for worth about Rs.61,250/- and thereafter, the 2nd Respondent issued a Cheque in favour of her Husband''s ''Kayal Pharma Distributors'', Madurai, dated 01.02.2006 of State Bank of India and subsequently, her husband died on 17.01.2006 due to Cardiac arrest.

It comes to be known that after the demise of her Husband, the Petitioner closed the Pharmacy shop and thereafter approached the Tiruchirappalli District Treasury Office to pay the amount of Rs.61,250/-. However, the Treasury Officer failed to pay the amount to her and mentioned that the Cheque was issued in favour of ''Kayal Pharma Distributors'', Madurai. Subsequently, she made a representation to the Respondents to issue the Cheque in her favour. However, the Respondents failed to issue the Cheque in her favour.

The Petitioner made a representation to the 2nd Respondent as early as on 17.02.2007 together with Death Certificate of her Husband (Maruthamuthu), Legal Heirs Certificate, Cheque and No Objection Certificate of her mother-in-law. Thereafter, the 2nd Respondent passed the order in Na.Ka.No. 1217-A2-08, dated 05.12.2008 and thereafter, forwarded her application to the 1st Respondent. But it was not considered till date. According to her, she is living in a pathetic condition, after her husband''s demise. She also sent a detailed representation to the 2nd Respondent on 06.11.2014, but till date, the 2nd Respondent has not taken any action on her Representation. Hence, she has filed the present Writ Petition.

Considering the fact that the Petitioner''s case appears to be a reasonable, genuine and legitimate one and also this Court taking note of the fact that she is very much entitled to a sum of Rs.61,250/- in question (admittedly no dispute in this regard), in the interest of justice, Fair Play and considering the plight of the Petitioner, directs the 2nd Respondent to issue a Cheque in favour of the Petitioner from the name of proprietor of ''Kayal Pharma Distributors'', Madurai, to an extent of Rs.61,250/-, within a period of four weeks from the date of receipt of a copy of this order without fail.

With the above directions, the Writ Petition stands disposed of. No costs.