IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 19398 of 2010(Y) -------------------------- PETITIONER: -------------- THE MANNARKKAD RURAL SERVICE CO-OPERATIVE BANK LTD., NO. P-922, MANARKKAD-678582, PALAKKAD DISTRICT. REPRESENTED BY SECRETARY. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ----------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM-1. 2. THE MEDICAL OFFICER, GOVERNMENT TRIBA SPECIALITY HOSPITAL, KOTTATHARA, ATTAPPADY, PALAKKAD DISTRICT. PIN-678581. 3. THE DIRECTOR OF HEALTH SERVICES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-1. ADDL. 4. THE DISTRICT MEDICAL OFFICER, PALAKKAD. (IMPLEADED SUO MOTU AS PER JUDGMENT DATED 01/12/2010) BY GOVERNMENT PLEADER,SMT.RANI DIOTHIMA P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19398 of 2010(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CERTIFICATE FOR THE YEAR 2006-07. EXT.P2 : TRUE COPY OF ONE OF THE ORDERS DATED 25.08.2007 PLACEDBY THE 2ND RESPONDENT FOR PURCHASE OF MEDICINES AND OTHER MEDICAL SUPPLIES. EXT.P3 : TRUE COPY OF THE CONSOLIDATED LIST OF THE AMOUNTS DUE TO THE PETITONER FROM THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE LETTER DATED 31.03.2008 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5 : TRUE COPY OF THE LETTER DATED 17.04.2009 SENT BY 2ND RESPONDENT TO THE PETITIONER INFORMING THAT 3RD RESPNDENT HAS SANCTIONED AN AMOUNT OF RS.11,73,310/-. EXT.P6 : TRUE COPY OF THE LETTERDATED 03.02.2010 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7 : TRUE COPY OF LETTER DATED 20.08.2009 RECEIVED FROM THE 1ST RESPONDENT. EXT.P8 : TRUE COPY OF REPRESENTATION DATED 13.05.2010 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 19398 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: “a. issue a writ of mandamus or other appropriate writ, order or direction to the respondents to pay the sum of Rs.12,30,042/- due to the petitioner as shown in Ext.P3 list, expeditiously; b. issue a writ of mandamus or other appropriate writ, order or direction to the respondents to pay interest to the petitioner @ 12% per annum on the amount payable to the petitioner;” 2. The learned counsel for the petitioner submits that the petitioner Society is running a 'Neethi Medical Store', from where medicines and such other things are being supplied to the Government Tribal Speciality Hospital, Kottathara, Palakkad. In spite of the supply effected as per the order placed, vide Ext.P2 and such other similar orders and also despite the submission of necessary bill showing the total liability as `12,30,042/-, it is still to be honoured due to some or other lame excuse. It is also brought to the notice of this Court that, the concerned hospital has issued Ext.P5 letter dated 17.04.2009 stating that the 3rd WP(C) No. 19398 of 2010 -:2:- respondent has sanctioned a sum of `11,73, 310/- and that, the same will be disbursed as and when the same is allotted. The delay in effecting the payment made the petitioner to file Ext.P8 representation, before the 1st respondent (Secretary to Government) and thereafter has approached this Court for appropriate relies. 3. The learned Government Pleader appearing on behalf of the respondents submits on instructions that, the admitted amount mentioned in Ext.P5 has already been disbursed, which is stated as correct by the learned counsel for the petitioner as well. The dispute is only with regard to the remaining amount, i.e. difference between the amount covered by Ext.P3 and amount sanctioned and given as mentioned in Ext.P5. The learned Government Pleader submits that there is some dispute or doubt as to the payability of the said amount under the relevant heads and that the matter can be caused to be considered by the concerned District Medical Officer giving an opportunity of hearing to the petitioner to substantiate the claim. 4. In the above circumstances, the District Medical WP(C) No. 19398 of 2010 -:3:- Officer, Palakkad is directed to issue a notice of hearing to the petitioner within 'two weeks' from the date of receipt of a copy of this judgment; on which event it is open for the petitioner to substantiate the position before the said authority, who in turn shall consider the same and pass appropriate orders in accordance with law, as expeditiously as possible; at any rate within two months. The balance amount if any, shall be disbursed to the petitioner within a further period of 'three weeks'. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the District Medical Officer, Palakkad for prompt compliance. 5. So as to facilitate further steps, the District Medical Officer, Palakkad is 'suo motu' impleaded as the additional 4th respondent and the learned Government Pleader takes notice on behalf of the said respondent as well. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE ttb