IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 OP.No. 23367 of 2000(F) ------------------------------------ PETITIONER: ------------------ K.R.VIJAYA, W/O. KOCHUMON, 29 YEARS, PROPRIETOR, M/S.HARITHA PHARMACEUTICALS, VARANDARAPILLY , THRISSUR DT. BY ADV. SRI.RENJITH THAMPAN SMT.P.A.ANITHA RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE THIRUVANANTHAPURAM. 3. THE DRUGS CONTROLLER, OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM. 4. THE ASST. EXCISE COMMISSIONER, THRISSUR. 5. THE ASST. EXCISE COMMISSIONER,ERNAKULAM. GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R1 TO 5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.39367/2000 IN OP. NO.23367/2000 DISMISSED 21.08.2008 SD/- K.BALAKRISHNAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE L-2 LICENCE NO.1/97-98 ALONG WITH CHALLAN ISSUED IN FAVOUR OF THE PETITIONER. EXT.P2:- COPY OF THE SP.VI LICENCE ALONG WITH CHALAN ISSUED IN FAVOUR OF THE PETITIONER. EXT.P3:- COPY OF THE SP.VII NO.11/97-98 LICENCE ALONG WITH CHALAN ISSUED IN FAVOUR OF THE PETITIONER. EXT.P4:- COPY OF THE CHALAN RECEIPT FOR DEPOSIT OF RENEWAL FEE FOR S.P. VII. NO.11/ 97-98. EXT.P5:- COPY OF THE CHELAN RECEIPT FOR DEPOSIT OF RENEWAL FEE FOR S.P. VI. NO.8 97-98. EXT.P6:- COPY OF THE ORDER IN CMP. 32712/2000 IN OP. 19164/2000. EXT.P7:- COPY OF THE CIRCULAR ISSUED BY THE COMMISSIONER OF EXCISE DT. 26.6.00. EXT.P8:- COPY OF THE CIRCULAR DT. 8.8.05 OF THE EXCISE COMMISSIONER , TRIVANDRUM. /TRUE COPY/ P.S. TO JUDGE tss K. BALAKRISHNAN NAIR, J. ============================== O.P. NO. 23367 OF 2000 ============================ DATED THIS THE 21ST DAY OF AUGUST 2008 JUDGMENT The petitioner submits, she is the proprietor of M/s. Haritha Pharmaceuticals, which is a reputed Ayurvedic Manufacturing firm. This writ petition is filed by her challenging Rule 11(1)(b)(ii) of the Kerala Spirituous Preparations (Control)Rules 1969. The said Rule insists that the retail outlets of the petitioner's products should be manned by a registered ayurvedic medical practitioner. During the pendency of the original petition, the Excise Commissioner has issued two circulars, Exts.P7 and P8, exempting some of the reputed manufacturers from the rigour of the above-mentioned Rule. Going by Exts.P7 and P8 circulars by which some of the manufacturers were exempted, the petitioner submits, her firm is also entitled to the same treatment. She has been subjected to discrimination. In these proceedings this Court cannot decide whether the petitioner's firm is entitled to the same treatment meted out to other reputed firms. The matter has to be first examined by the Government. So, the petitioner may place her credentials before the Excise Commissioner OP 23367/2000 -2- in the form of a representation. If such a representation is filed along with a copy of this judgment within one month, the Excise Commissioner shall consider the same and pass orders in accordance with law after affording an opportunity of being heard within three months from the date of receipt of the representation and a copy of this judgment. The original petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE ks.