IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 RP.No. 677 of 2007(E) --------------------- AGAINST THE JUDGEMENT DT.21.2.2007 IN OP.12440/2000 .................... REVIEW PETITIONER(S): REVIEW PETITIONER/PETITIONER -------------------------------------------------- COCHIN CO-OPERATIVE HOSPITAL SOCIETY LTD GANDHI NAGAR, COCHIN REPRESENTED BY ITS SECRETARY, SRI.M.M.ABDUL RAHIMAN, I.P.S.(RETD.). BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH, PARLIAMENT HOUSE, NEW DELHI. 3. THE DRUGS CONTROLLER, TRIVANDRUM. 4. ASSISTANT DRUGS CONTROLLER, CENTRAL ZONE, ERNAKULAM, KOCHI-30. GOVERNMENT PLEADER SRI.GEORGE VADAKKEL. SRI.C.K.MURALEEDHARA KAIMAL THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P. No.677/2007 in O.P.No.12440/2000 ---------------------------------------------- Dated 20th July, 2009. O R D E R The review petition is at the instance of the writ petitioner. The writ petition was filed praying for a declaration that the petitioner's hospital is not liable to obtain drugs licence under Chapter IV of the Drugs and Cosmetics Act, and the rules made thereunder. The writ petition was disposed of, since there was no counter affidavit, directing the Government to examine the matter. The matter was pursued in Writ Appeal. A Division Bench of this court dismissed the Writ Appeal with liberty to the writ petitioner to move this court for review. Thus the issue will have to be considered by this court on merits, as to the entitlement of the petitioner's hospital for the declaration referred to above. In that view of the matter, the review petition is allowed and the judgment dated 21.2.2007 is recalled. Post the writ petition for hearing on 24.7.2009 as per roster. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P. No.677/2007 in O.P.No.12440/2000 ---------------------------------------------- O R D E R Dated 20th July, 2009.