IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 199 of 2011(Y) ------------------------ PETITIONER(S): --------------- RAJU JOHN, AGED 54 YEARS, PROPRIETOR AND LICENSEE, M/S ALAPPAT AGENCIES, VI/739 A, NAURIKKULAM ROAD, IRINJALAKKUDA, THRISSUR (DISTRICT). BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. THE ASSISTANT DRUGS CONTROLLER, THRISSUR. 2. THE DRUGS INSPECTOR, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, THRISSUR. 3. THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. DILEEP MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.199 OF 2011(Y) -------------------------------------------------- Dated this the 4th day of January, 2011 J U D G M E N T Petitioner is aggrieved by Ext.P2 order issued by the first respondent suspending his licence issued under the Drugs and Cosmetics Act and the Rules for a period of 20 days from the date of its service. According to the petitioner Ext.P2 order was served on him only on 3.1.2011. The complaint raised in the writ petition is that Ext.P2 has been implemented without even enabling the petitioner to pursue the appellate remedies that are available. It is in this circumstance the writ petition is filed. 2. Admittedly, the petitioner has a right of appeal against Ext.P2 and in that view of the matter, I think that the petitioner should have been given breathing time to avail of the appellate remedy that is available under the Rules. 3. Therefore I direct that it will be open to the petitioner to pursue the appellate remedy that is available against Ext.P2 and in order to enable the petitioner to do so, it is directed that Ext.P2 will be kept in abeyance for a period of 3 weeks form today and in the meantime it will be open to the petitioner to pursue the WPC.No. 199/2011 :2 : appellate remedy against Ext.P2 and obtain appropriate interim orders from the Appellate Authority. Petitioner to produce a copy of the judgment before respondents 1 and 2 for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/